Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • shamilt1
    • By shamilt1 11th Oct 17, 4:28 PM
    • 61Posts
    • 9Thanks
    shamilt1
    Work Injury claim
    • #1
    • 11th Oct 17, 4:28 PM
    Work Injury claim 11th Oct 17 at 4:28 PM
    Hi. I had an accident at work last Wednesday on the table saw at work. I lost the top half of my thumb and sawed down through the second bone into the knuckle that joins the palm. Iíve had plastic surgery and theyíve done good job- but even if it recovers well Iíll be left with a short thumb that wonít move. Iím wondering whether I should claim? Nothing has been mentioned about what Iíll be paid whilst off ( but Iím guessing full pay). My boss originally said she was going to fill out an accident investigation form, then she phoned and said she is worried about the consequences- the saw should have a guard on but hasnít for at least the last 10 years....there are jobs that we cannot do with the guard on. As far as Iím aware the report she should be making has 10 days to be in. I love where I work, have a good relationship with the boss, but I donít want to start something that Iím going to regret. Any advice?
Page 1
    • Comms69
    • By Comms69 11th Oct 17, 4:30 PM
    • 486 Posts
    • 358 Thanks
    Comms69
    • #2
    • 11th Oct 17, 4:30 PM
    • #2
    • 11th Oct 17, 4:30 PM
    See what they offer first?


    I mean this isn't going to be hundreds or even tens of thousands in any case.
    • shamilt1
    • By shamilt1 11th Oct 17, 4:32 PM
    • 61 Posts
    • 9 Thanks
    shamilt1
    • #3
    • 11th Oct 17, 4:32 PM
    • #3
    • 11th Oct 17, 4:32 PM
    I think you’d be surprised what you’d get for a thumb...when you say ‘see what they offer’ do you mean wages whilst I’m off or compensation? I’m not expecting hundreds of thousands!
    • Comms69
    • By Comms69 11th Oct 17, 4:36 PM
    • 486 Posts
    • 358 Thanks
    Comms69
    • #4
    • 11th Oct 17, 4:36 PM
    • #4
    • 11th Oct 17, 4:36 PM
    I think you’d be surprised what you’d get for a thumb...when you say ‘see what they offer’ do you mean wages whilst I’m off or compensation? I’m not expecting hundreds of thousands!
    Originally posted by shamilt1


    Here's a list by an injury claim solicitor - from the sounds of it, you'd fit into the moderate category.


    Loss of thumb £23,250 – £36,000
    Very severeThumb is severed with significantly reduced functionality and possible cosmetic disfigurement£12,900 – £23,000
    SeverePossible partial amputation and significant disfigurement, reduced functionality and possible nerve damage£8,200 – £11,000
    ModerateDamage to tendons or nerves causing loss of function, possible minor cosmetic disfigurement£6,300 – £8,250
    Serious dislocation of the thumb £2,600 – £4,450
    MinorSimple fracture or minor injury with quick recovery and only minor permanent effectsUp to £2,600
    • shamilt1
    • By shamilt1 11th Oct 17, 4:40 PM
    • 61 Posts
    • 9 Thanks
    shamilt1
    • #5
    • 11th Oct 17, 4:40 PM
    • #5
    • 11th Oct 17, 4:40 PM
    I’ve amputated the top half of my thumb so severe would be the catagory
    • Comms69
    • By Comms69 11th Oct 17, 4:42 PM
    • 486 Posts
    • 358 Thanks
    Comms69
    • #6
    • 11th Oct 17, 4:42 PM
    • #6
    • 11th Oct 17, 4:42 PM
    Iíve amputated the top half of my thumb so severe would be the catagory
    Originally posted by shamilt1
    Fair enough, obviously you know better than I do, just saying that's the level of pay out you MIGHT expect.
    • Xbigman
    • By Xbigman 11th Oct 17, 5:52 PM
    • 2,922 Posts
    • 1,180 Thanks
    Xbigman
    • #7
    • 11th Oct 17, 5:52 PM
    • #7
    • 11th Oct 17, 5:52 PM
    If you've had more than three days off work your employer has serious obligations under RIDDOR legislation. Its not their choice as to whether there is an investigation. If you are in a union go through them to get legal advice. If not in a union then see a lawyer yourself.
    This is serious.

    Also be carefull what you say to anyone about this. In these circumstances your employer may well try to put all the blame on you. You might want to edit your post to take out some specific details.



    Darren
    Xbigman's guide to a happy life.

    Eat properly
    Sleep properly
    Save some money
    • BobbyShazam
    • By BobbyShazam 11th Oct 17, 5:58 PM
    • 20 Posts
    • 8 Thanks
    BobbyShazam
    • #8
    • 11th Oct 17, 5:58 PM
    • #8
    • 11th Oct 17, 5:58 PM
    Here's a list by an injury claim solicitor - from the sounds of it, you'd fit into the moderate category.


    Loss of thumb £23,250 Ė £36,000
    Very severeThumb is severed with significantly reduced functionality and possible cosmetic disfigurement£12,900 Ė £23,000
    SeverePossible partial amputation and significant disfigurement, reduced functionality and possible nerve damage£8,200 Ė £11,000
    ModerateDamage to tendons or nerves causing loss of function, possible minor cosmetic disfigurement£6,300 Ė £8,250
    Serious dislocation of the thumb £2,600 Ė £4,450
    MinorSimple fracture or minor injury with quick recovery and only minor permanent effectsUp to £2,600
    Originally posted by Comms69
    Just a heads-up, NEVER pay any attention to lists like these. No two cases are the same and putting figures in people's minds is unfair and in my opinion, unethical.

    PI compensation is based on how long you were/are/will be injured for, loss of enjoyment, loss of earnings, ongoing medical support etc and don't forget your solicitor will take his/her cut (usually 25%) and things like medical expert fees and costs etc will be deducted from what you are awarded too.
    • Manxman in exile
    • By Manxman in exile 11th Oct 17, 7:04 PM
    • 861 Posts
    • 578 Thanks
    Manxman in exile
    • #9
    • 11th Oct 17, 7:04 PM
    • #9
    • 11th Oct 17, 7:04 PM
    [QUOTE=BobbyShazam;73248140]Just a heads-up, NEVER pay any attention to lists like these. No two cases are the same and putting figures in people's minds is unfair and in my opinion, unethical.

    PI compensation is based on how long you were/are/will be injured for, loss of enjoyment, loss of earnings, ongoing medical support etc and don't forget your solicitor will take his/her cut (usually 25%) and things like medical expert fees and costs etc will be deducted from what you are awarded too.[/QUOTE]


    Is that true, Bobby? Is it no longer possible to recover these costs as a separate part of the claim? IF there has been negligence in this case (and we don't know if there has been or not) surely these costs all flow from that negligence and are recoverable? (They're certainly foreseeable).
    • theoretica
    • By theoretica 11th Oct 17, 8:48 PM
    • 4,881 Posts
    • 6,111 Thanks
    theoretica
    If you do make a claim, this is exactly why employers are required to have liability insurance.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
    • BobbyShazam
    • By BobbyShazam 11th Oct 17, 9:33 PM
    • 20 Posts
    • 8 Thanks
    BobbyShazam
    You'd be within your rights to take action against the other side for those costs but would not be part of that particular claim ie you'd need to set up a new fanancial loss claim unless in the very rare and improbable event of your solicitor being happy to absorb the cost. Hint: solicitors do not like absorbing costs....
    Employer Liability and Clinical Negligence Paralegal

    *All advice and opinions offered are general, non-commital and not a substitute for advice from a qualified practising Solicitor*
    *All views are my own*
    • Savvy_Sue
    • By Savvy_Sue 11th Oct 17, 9:36 PM
    • 37,736 Posts
    • 34,067 Thanks
    Savvy_Sue
    the saw should have a guard on but hasnít for at least the last 10 years....there are jobs that we cannot do with the guard on.
    Originally posted by shamilt1
    So it's OK for a piece of machinery to be left in an unsafe condition, because there are jobs which can't be done with it in a safe condition? I'm just waiting for one of the H&S experts to come and comment on this, words are failing me ...
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 1 shawl, 2 pairs baby bootees,
    1 Wise Man Knitivity figure, 1 sock ...
    Current projects: 1 shawl, t'other sock (just about to turn the heel!)
    • Manxman in exile
    • By Manxman in exile 11th Oct 17, 10:24 PM
    • 861 Posts
    • 578 Thanks
    Manxman in exile
    You'd be within your rights to take action against the other side for those costs but would not be part of that particular claim ie you'd need to set up a new fanancial loss claim unless in the very rare and improbable event of your solicitor being happy to absorb the cost. Hint: solicitors do not like absorbing costs....
    Originally posted by BobbyShazam

    My legal knowledge must be out of date, Bobby. If the OP had a case for negligence, why wouldn't their solicitor include all reasonably foreseeable costs (including medical reports etc) flowing from that negligence in the original claim? I know solicitors don't like absorbing costs, but neither do claimants. The costs should be absorbed by whomsoever has been negligent. And presumably the claimant's solicitor should ensure these are included in the claim - otherwise isn't the solicitor negligent?


    Happy (and very interested!) to be corrected if my understanding is now mistaken.


    EDIT: If you mean the OP would be able to recover these costs but has to make a second financial claim in addition to the PI claim (I'm not sure why), then I think the last bit of your post #8 is a bit misleading or at least incomplete.
    Last edited by Manxman in exile; 11-10-2017 at 10:28 PM. Reason: add
    • BobbyShazam
    • By BobbyShazam 12th Oct 17, 7:40 AM
    • 20 Posts
    • 8 Thanks
    BobbyShazam
    Any financial losses need to be mitigated i.e. essential and unavoidable. The majority of the time medical and expert reports are used to strengthen a case rather than be the basis of it.

    Judge is unlikely to award costs that you've chosen to take out, rather than what were unavoidable (loss of earnings, replacement of damaged goods etc).
    Employer Liability and Clinical Negligence Paralegal

    *All advice and opinions offered are general, non-commital and not a substitute for advice from a qualified practising Solicitor*
    *All views are my own*
    • shamilt1
    • By shamilt1 12th Oct 17, 8:58 AM
    • 61 Posts
    • 9 Thanks
    shamilt1
    Thanks for all the replies guys, it’s making for interesting reading. As this was an emergency operation it was carried out by the NHS so medical fees may not come into it. As far as I understood with reporting to RIDDOR I thought my employer has 10 days maximum but ideally should do it soon as possible – is this the case? The 10 days will be up by the end of tomorrow so I hope she sees sense... I think she’s worried about health and safety closing the place down or hitting her with a huge fine that a small business like this can’t afford to pay. I don’t want this to happen either as I hope to return- I don’t want to make a short term gain for a long term loss!
    • BobbyShazam
    • By BobbyShazam 12th Oct 17, 9:10 AM
    • 20 Posts
    • 8 Thanks
    BobbyShazam
    I do hope you manage to sort things, wherever possible I like to see issues resolved without the time and hassle of court.
    Employer Liability and Clinical Negligence Paralegal

    *All advice and opinions offered are general, non-commital and not a substitute for advice from a qualified practising Solicitor*
    *All views are my own*
    • shamilt1
    • By shamilt1 12th Oct 17, 9:18 AM
    • 61 Posts
    • 9 Thanks
    shamilt1
    I do hope you manage to sort things, wherever possible I like to see issues resolved without the time and hassle of court.
    Originally posted by BobbyShazam
    Thank you. If I put in a claim would it go to court, or would it only go there if she tries to cover it up?
    • BobbyShazam
    • By BobbyShazam 12th Oct 17, 9:25 AM
    • 20 Posts
    • 8 Thanks
    BobbyShazam
    There's no way of knowing to be honest. In very general terms, putting in a claim will see your solicitor trying to negotiate a settlement on your behalf with her legal representation. If that can't be reached or there's a disagreement about injuries, whether there should be partial blame etc then you're looking at court.
    Employer Liability and Clinical Negligence Paralegal

    *All advice and opinions offered are general, non-commital and not a substitute for advice from a qualified practising Solicitor*
    *All views are my own*
    • ohreally
    • By ohreally 12th Oct 17, 9:27 AM
    • 6,268 Posts
    • 4,791 Thanks
    ohreally
    if she tries to cover it up?
    Originally posted by shamilt1
    As a point of interest does she have maintenance logs? I suspect there are going to be significant PUWER issues and HASWA compliance that will impact on the situation, and what happened to risk assessments.

    It would appear she may have a lot to contend with.
    Last edited by ohreally; 12-10-2017 at 11:55 AM.
    • Silvertabby
    • By Silvertabby 12th Oct 17, 9:53 AM
    • 1,667 Posts
    • 2,004 Thanks
    Silvertabby
    Your boss HAS to report this, regardless of the consequences.

    My paternal grandfather survived the Somme only to be killed in the 1920s when he was pulled into an unguarded machine. I would have hoped that we have moved on since then.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

165Posts Today

2,326Users online

Martin's Twitter
  • RT @LordsEconCom: On Tuesday Martin Lewis, Hannah Morrish & Shakira Martin gave evidence to the Cttee. Read the full transcript here: https?

  • Ta ta for now. Half term's starting, so I'm exchanging my MoneySavingExpert hat for one that says Daddy in big letters. See you in a week.

  • RT @thismorning: Can @MartinSLewis' deals save YOU cash? ???? https://t.co/igbHCwzeiN

  • Follow Martin