I recently had an accident and was wondering if I can claim for compensation for a broken finger at work since the accident was not my fault. Can you explain, please?
There is some background information you should know before you decide to pursue a claim for compensation for a broken finger at work. Claiming compensation for workplace injuries can create unease, especially as the parties involved – employee and employer – will presumably want to do as little damage as possible to their working relationship. This is why it is important to note that in order to qualify for compensation for a workplace injury you must have suffered your injury in the course of your employment and it has to be proven that the injury was sustained as a result of your employer’s lack of care.
It is essential that you sought professional medical attention immediately after the accident – treating your injury by first aid or when you got home is not sufficient. By having your injury examined by a medical practitioner you have a better chance of a successful claim, since your medical assessment would be recorded in your medical history and could be used as evidence to support your claim. Any delay in seeking professional treatment will hinder your claim for compensation for a broken finger at work as your employer’s insurance company could accuse you of contributing to the severity of your injury through your own lack of care, resulting in a decrease in the amount of compensation you are eligible to receive.
It is worth mentioning that workplace injuries are not necessarily always caused by the direct action of an employer, although they will still be deemed liable for your injury if it was sustained because of your employer’s failure to provide and maintain a safe working environment for staff, or where he or she did not take the precautions needed to protect employees from potential injury.
Taking aside the element of pain and suffering, other elements are taken into consideration when calculating the value of your compensation for your broken finger, including any psychological trauma you may have experienced and loss of amenity – when your injuries have had a negative effect on your quality of life. You may also be reimbursed for any financial costs you have incurred or loss of income.
It would certainly be in your best interest to contact a solicitor if you believe you should be able to claim for compensation for a broken finger at work. Any personal injury claim has to be submitted in an application for assessment to the Injuries Board Ireland and a solicitor will be able to assist you in adequately communicating your case. A solicitor can also help in the event that you are approached by your employer’s insurance company with an unsolicited offer of compensation.
No two cases are ever alike so you would be well advised to discuss the circumstances of your individual claim with a solicitor as soon as practically possible.