Compensation for a fracture finger

fivetide1978

tyllwyd wrote: »

Maybe if your friend will struggle doing as much typing as before, she might be best off talking to the company about how they might be able to change her duties so that she can continue with them. That might be a lot more important to her in the long term than a few thousand pounds compensation (especially since they might reduce any compensation to reflect the fact that it was partly her own carelessness).

also i would suspect (and i know that is isn't right but lets not delude ourselves) in the current environment, someone who sues a firm that appears to be treating them perfectly well would be a good candidate should any redundancies be needed.

The only issue is if there is meant to be a closing arm on the door (so it shuts slowly rather than slams) then she may have a claim as it might be against health and safety.

On the good news front i shattered (not just broke) a finger last year in a motorbike accident which required pins and physio.

It is stiff in a morning and it isn't quite as good as before but i would say i have 95% movement and it doesn't affect my work at all (and i type a lot)

If she works hard at physio she should be fine.

5t.

rosysparkle

Off sick for a broken finger? That seems a little over the top in the absence of any other injury.

I've broken a couple of fingers and never had time off work for them, I type most of the day in my job and I have no difficulty with that, now or when my fingers were strapped up.

If she was using an old fashioned manual typewriter, I could understand that she might have some slight worry about resuming typing duties, but modern PCs require such a light touch on the keyboard it should not really be a concern.

If the fire door was not faulty, I can't see how the firm is responsible.

geri1965_2

If another employee closed the door on her finger, then her employers are liable.

She would be entitled to compensation for pain and suffering, and an award for disadvantage on the labour market if it were to affect her working ability long term.

rachyrach2k

You will need to prove that the employer were negligent and it seems that in this case they are not because it seems that the op's friend had carelessly left their finger in the door.

There is not a forseeable risk of injury due to negligence in this case

geri1965_2

rachyrach2k wrote: »

You will need to prove that the employer were negligent and it seems that in this case they are not because it seems that the op's friend had carelessly left their finger in the door.

There is not a forseeable risk of injury due to negligence in this case

I'm sorry but you are incorrect. An employer is vicariously liable for the negligence of other employees. There may be a contributory negligence argument against the injured employee as well but it's rare to get anything more than a 20 - 25% reduction for this.

sillyvixen

i once got a finger trapped in a fire door - when i was younger - i broke it - did i get compo? no i got a detetion for not being able to do my english homework, because - a) spent several hours in A&E b) could not hold a pen! at least the person in the post is getting time off sick (paid) for her insignificant injury.

Woby_Tide

be careful the company doesn't counter sue. Most fire doors carry a warning that the doors should always be closed when not in use so her wilfully sticking her finger in the gap and forcing the doors to remain open was a bit negligent on her behalf. Putting all those colleagues at risk. I'm surprised some aren't off with stress at what could have unfolded if fire broke out

geri1965_2

Jesus Christ, what a bunch of idiots.

Clive_Woody

geri1965 wrote: »

Jesus Christ, what a bunch of idiots.

I am not sure Jesus can be blammed here, but if he was then surely any insurance pay out would be stopped due to it being an act of God (well his son anyway, unless we start thinking of them as the holy trinity and as one unique being....)

amandada

When I was at guide camp when I was 10, another girl sat on my hand and broke my finger....should I sue her?
It was only 28 years ago