How Do I Claim If My Fingers Were Trapped In A Door At Work?
Were you injured after your fingers were trapped in a door at work? Was this injury caused by deficient health and safety standards in your workplace? You may be aware that legislation called the Health and Safety at Work etc Act 1974 (HASAWA) requires employers to take all steps considered reasonable and practicable to prevent employees from experiencing harm in the workplace, whether that is physical or psychiatric and mental health injury.
If you would like help with starting a claim for compensation after your fingers were trapped in a door at work, read the sections below to explore the steps you can take. Or, you can speak to our advisors at any point by:
Browse Our Guide
- How Do I Claim If My Fingers Were Trapped In A Door At Work?
- How Could Your Fingers Be Trapped In A Door At Work?
- How Do I Prove That I May Be Owed Compensation?
- Calculating Payouts For Workplace Finger Injuries
- Why Choose A No Win No Fee Solicitor?
- Read More About What To Do If Your Fingers Were Trapped In A Door At Work
Eligibility for making a claim after an injury at work requires showing that your employer actually had a duty of care at the time and place you were harmed. It’s essential to show how this legal duty was breached and that as a consequence, you can provide evidence of actual injury caused.
Section 2 of the HASAWA requires employers to perform regular risk assessments in the workplace, as well as provide adequate and appropriate training and supervision. Furthermore, they should ensure that health and safety guidance is available to all employees.
Ensuring that doors and windows are safe to use in the work environment is part of the reasonable expectation to maintain a safe workplace. Therefore, your employer could be liable if you were injured by faulty fittings. That said, we cannot look over the possibility that the manufacturer or fitter of said doors and windows could also be responsible too. Call our team now to have your case assessed for free and to see who could be liable for your fingers trapped in a door injury.
Work Injury Claim Time Limits
Under the terms of the Limitation Act 1980, there is a three-year time limit to starting a standard personal injury claim. This period can start from the date of the injury.
There are exceptions to the limitation period if the person is under the age of 18. In cases like this, the three-year time frame can start from the date of their 18th birthday. This allows them until the age of 21 to start a claim.
Alternatively, a competent, impartial and concerned party can be appointed by the courts to act on their behalf as a litigation friend. Please speak to our advisors for more information.
Below are some general examples of how an accident at work involving crushed fingers can be caused by poor standards of health and safety in the workplace:
- If the door in question is damaged and despite being reported, the employer failed to fix the problem
- Lack of proper training was given to operate specific doors to machinery or access areas
- When the safety mechanism on the door is defective.
- Windows were broken and slammed on your fingers
If unsafe working practices directly caused your injury, speak to our team.
With this in mind, it’s important to collect as much evidence as possible to support your claim for compensation. Below are some examples of proof that you may be able to obtain:
- CCTV footage of the area and the accident
- Photos of your broken fingers
- Witnesses who would be willing to give a statement to a solicitor at a later date
- Documented evidence of harm such as medical reports, x-rays or medication and prescriptions
- A copy of the accident book entry
- A diary of illness and treatment.
Calculating compensation looks at two main areas. General damages reflect the level of physical and/or psychological harm caused. A personal injury solicitor can help arrange an independent assessment of the injury.
The solicitor can then compare your injuries with those listed in the Judicial College Guidelines. This document lists guideline bracket amounts for different injuries and their severities. We include an excerpt from it that is specific to finger injuries below:
|Area of Injury||Severity||Award Bracket||Definition|
|Hand Injuries||(d) Amputation of Index and Middle and/or Ring Fingers||£61,910 to £90,750||The hand is rendered of little use and will be exceedingly weak|
|Hand Injuries||(f) Severe Fractures to Fingers||Up to £36,740||May lead to partial amputations, deformity, reduced grip and disturbed sensation|
|Hand Injuries||(r) Loss of Thumb||£35,520 to £54,830|
|Hand Injuries||(q) Amputation of the Terminal Phalanges of the Index and Middle Fingers||In the region of £24,990||Scarring, restricted movement and impaired grip caused|
|Hand Injuries||(p) Amputation of Ring and Middle Fingers||In the region of £21,810|
|Hand Injuries||(s) Very Serious Injury To the Thumb||£19,600 to £35,010||When the thumb has been severed at the base and requires re-grafting leaving it deformed and virtually useless|
|Hand Injuries||(i) Total and Partial Loss of Index Finger||£12,170 to £18,740||Giving rise to disfigurement and impaired grip and total loss will attract the award at the top end of this bracket|
|Hand Injuries||(k) Serious Injury to Ring or Middle Fingers||£10,320 to £16,340||Fractures and tendon damage that causes stiffness, deformity, and a permanent loss of grip or dexterity|
|Hand Injuries||(m) Amputation of Little Finger||£8,640 to £12,240|
|Hand Injuries||(w) Minor Hand, Finger and Thumb Injuries||Up to £4,750||Includes fractures that have healed within 6 months. Also scarring, tenderness and sensitivity to cold problems|
Importantly, these are not compensation guarantees. But with medical evidence, similar amounts might apply to your case.
What Else Can Be Included In An Accident At Work Claim?
Crushed fingers could cause a serious and long-term impact on your ability to work. As a result, you could suffer numerous out-of-pocket expenses. This can add to your distress and delay your recovery.
Special damages is an opportunity to include these amounts in your claim. With documented proof like receipts, pay slips and invoices as evidence, you may be in a position to prove the following:
- Prescription charge costs
- The expense of medical treatments not available freely on the NHS (such as scar treatment or long-term physio.
- Loss of earnings
- Domestic care costs for help provided by family, friends or paid professionals
- Travel expenses
- Any predicted costs for the future.
With this in mind, a personal injury solicitor can help properly calculate these amounts and assist you to put forward the most thorough claim you can. Please feel free to speak to our team for free advice.
Typically, no fees need to be paid upfront for the solicitor’s time or while they are working on the claim.
A small, capped amount only needs to be deducted from the compensation payout when the case has a successful outcome. This is to cover the solicitor’s time on your case.
Not all solicitors offer No Win No Fee contracts, but our panel of solicitors does. If you would like to know more about how a funding option like this could help you, speak to our team for a free eligibility assessment. They could connect you with a personal injury specialist today.
Launching a claim for compensation against your employer after your fingers were trapped in a door at work can be daunting, but you do not have to face it alone. If you would like to learn more about how a solicitor offering a No Win No Fee agreement could help you, please consider getting in touch with our team. You can:
In conclusion, as well as this guide on claims after fingers were trapped in a door at work, the following articles from our website offer more information:
- Read more about a faulty automatic door accident
- As well as more on how often personal injury claims have to go to court.
- How long does it take for compensation to come through?
Here are some other resources: