Thumb Injury Compensation

Whether they are obvious with the injured person in a cast or a sling, or cause chronic pain that might not be observable by the general public, thumb injuries are very common.

They are also capable of causing pain and suffering on a daily basis. 

While sustaining injury to any of your fingers is often a big deal, our thumbs are a special case. Humans and other primates have the distinctive feature of opposable thumbs – meaning we can bend them around to contact other fingers. This allows us to grasp things and manoeuvre them in refined ways. They allow us to do the manufacturing and labour that sets us apart from other species.

Given that we use our thumbs for almost everything – they are both a common area for injury, and a difficult area to rest and recover from when we do find ourselves incapacitated.

If you have suffered an injury to your thumb – whether at work, in public, or in a car accident – you might consider whether you could be eligible for a compensation claim.

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Can I claim thumb injury compensation?

 If you have suffered damage or injury to your  thumb, you may be able to claim compensation. Depending on the circumstances, this may be possible if:

• It happens at work – your workplace failed to provide you with a safe environment.
• It happens during a car accident – the other driver was negligent.
• It happens in a public place – the area was not safe and public liability insurance will kick in.

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Thumb injury at work – can I claim compensation?

If you are injured at work, you may be able to claim compensation from your employer. Employers must provide proper and adequate means for employees to carry out their work. 

Professions that require manual labour and load-bearing activity are at higher risk of thumb injuries. This may include construction workers, heavy labourers, carpenters, industrial workers and athletes. 

This includes:

• providing safe systems of work
• maintaining safe machinery and equipment
• maintaining a safe workplace; and
• providing employees with adequate facilities, training, supervision and instruction.

If you are injured because your employer neglects to provide safe systems of work, equipment or a safe environment, you may be able to sue for personal injury compensation. This includes injuries incurred over a long period of time, late onset injuries, and aggravations of pre-existing injuries.

Example: Dan is an apprentice carpenter. He has received no safety training. He also has not received any training in using power tools. His boss asks him to hold some ply steady while he cuts it with a circular saw. The boss cuts too closely to Dan’s hand and Dan loses the tip of his thumb.

It turns out that Dan had previously dislocated his thumb, making his pain and suffering during surgery and recovery greater than another person who had a completely healthy thumb beforehand. In this case, Dan would be able to claim compensation for his injuries. Even though he already had some weakness from the dislocation, making his thumb injury worse,  the workshop should have provided a safe system of work. 

More info: WorkCover claims

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Thumb injury from car accident – can I claim compensation?

Car accidents can cause thumb injury – particularly if someone loses control of a steering wheel, or their thumb becomes lodged during an accident. If you are injured in an accident that is totally or partially the fault of another driver (including if you are a passenger of that driver), you can claim against their Compulsory Third Party Insurer.

More info: Motor vehicle injury compensation claims

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Thumb injury in a public place – can I claim compensation?

Occupiers (including owners of private property and public authorities), have a duty of care toward people coming onto their premises. They must take reasonable care to make sure entrants are not exposed to risks that are likely to cause injury.  This means if there is something that is potentially dangerous on their property they must rectify it or warn people of the danger. Common scenarios include someone slipping on a floor surface, tripping over an unexpected obstacle on the ground, falling into an unmarked hole in the pavement, or being hit by falling debris from a building site.

More info: Public place injuries

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Injured thumb or  thumb – what can I claim for?

 General Damages

General damages can compensate you for the pain and suffering you have experienced as well as any permanent loss of enjoyment of life as a result of your injury. They are calculated by reference to the ISV Scale which rates the seriousness of any injury between 1 and 100 and accords a monetary value range to that rating.

For example an extreme thumb injury such as the requirement for amputation with a poor outcome after surgery is rated 15 to 28 with a corresponding compensation range of $12,950 to $41,200 whereas a thumb injury where substantial function of the hand remains is rated not more than 5 with a corresponding compensation range of $1,000 to $5,000.

Amputation

An injury severe enough to cause - or require - partial or full amputation of your thumb is traumatic. The amount of treatment required during and after the procedure is significant, as are the support and therapy (both physiological and psychological) required afterwards.

If a thumb is traumatically amputated, it may be possible to reattach it. In the case of amputation, however, recovery time usually involves up to a month, with the gradual introduction of range-of-motion and desensitisation exercises. Given the severity of the injury, patients usually expect significant pain, especially in those first weeks. Recovery can take months. Sometimes sensitivity and range-of-motion related pain can continue well beyond this, depending on the circumstances.

Whether a prosthesis is required (and what type of prosthesis) will depend on the proportion of the thumb that has been removed, and the individual’s functional requirements. Therapy to learn to use the prosthesis is usually required. Often a patient suffering this type of trauma may also require counselling. 

Thumb tip injury

Fingertip injuries are very common in any emergency department.

Generally procedures will aim at repairing the thumb with a view to minimising loss of sensation and nail growth. Sometimes a surgeon will attempt to reattach the thumb tip, however this does not enjoy a high success rate.

Whether it is injury to the thumb tip or amputation of all or part of the thumb, it is a tricky area because of the high level of nerve endings found in fingertips.

When you receive medical attention, the doctors’ priorities will be that your fingertip is covered with skin and if possible, with nail growth, is functional and pain free. They will try to preserve as much of the original thumb length and size as possible while achieving those goals.

Medical Costs

To diagnose and treat a thumb injury you may need to consult your general practitioner, consult a specialist, obtain x-rays or MRIs, take pain medications and wear medical supports or apparatus. The expenses you incur to obtain medical treatment including costs of consultations, diagnostic scans, travel costs, medication and medical equipment may be claimed as compensation.   You can also claim for medical costs you will incur in the future as a result of your injury.

Hospital and surgical costs 

Thumb injuries may require surgery to repair tendon or ligament tears. Surgery may also be required to repair particularly bad breaks or fractures. Surgical and hospital costs paid by you can be claimed as compensation as long as the surgery was necessary to treat your condition.

Rehabilitation costs

Rehabilitating after a thumb injury may involve physiotherapy, chiropractic treatments, acupuncture, home and vehicle modifications and ergonomic aids. Your reasonable costs of rehabilitation can be claimed back as compensation.

Loss of income and future earning capacity

If you suffer a thumb injury you may need time off work for several weeks or months immediately after the incident. You can claim compensation for lost income. If your thumb injury prevents you from working to the same extent as you did prior to the injury you may also be able to claim loss of future income earning capacity.

Occupations that require manual labour  may be difficult or impossible for someone who has suffered a thumb injury and their capacity to earn income in the future may be reduced. This is usually estimated as a lump sum figure based on the age of the person, their usual occupation and other skills.

Loss of Superannuation

Compensation can be claimed for superannuation that would have been paid on lost income.

Care & Assistance

Thumb injuries may prevent you from being able to perform tasks such as personal care, cleaning, laundry, mowing your lawns, caring for the garden or other domestic chores. If you formerly performed these duties but are now unable to due to an injury you can claim compensation for care and assistance provided to you by friends, relatives or paid contractors. 

In Queensland there is a minimum threshold for this type of compensation.

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Common thumb injuries

The range of possible thumb injuries can include:

• Broken or fractured thumb
• Damage to ligaments and tendons
• Nerve damage to thumb
• Full or partial thumb amputation
• Dislocation
• Sprains and strains
• Tendinitis from overuse of thumb muscles
• Repetitive strain injury – from overuse, sometimes relating to sports. It can also result from excessive computer use. Injuries of this nature are becoming increasingly common.
• Nerve injury – for example, carpal tunnel syndrome.

Any or all of the above can also cause acute pain, as well as chronic pain and issues such as arthritis.

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Common causes of thumb injuries

Thumbs can be injured for a multitude of reasons:

• Trauma – falling objects, the thumb being trapped or crushed, or injured when breaking a fall, coming into contact with dangerous items or simply suffering from impact
• Overuse, or use under excessive strain
• Use over a prolonged period

If you have had injury to your other fingers, you should also check out further information we provide about these specific finger injuries here.

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How will my thumb injury settlement be calculated?

In general terms, the settlement amount for a thumb injury is gauged by comparing what your life was like be the injury and what it is like now, because of the injury. Someone whose injury has had a greater impact on their life will be entitled to more compensation than someone whose injury has had only minimal impact. The amount of compensation payable for a thumb injury will vary greatly from case to case, depending on a variety of variables such as:

• the severity of the injury: more severe injuries will attract more compensation
• the age of the patient: young people are likely to receive greater compensation than older people for a similar injury as it will impact their lifestyle and employment for a longer period of time.
• level of health prior to the incident: an active and healthy person may suffer more from an injury because they are unable to exercise the way they did prior to the accident and may become predisposed to mood disorders and other health conditions they may not have suffered were it not for their injury.
• pre-incident lifestyle: injured claimants who formerly engaged in activities they can no longer participate in may experience greater an impact from their injuries.
• occupation: greater compensation will be payable where a person’s ability to work in their former occupation is impacted severely by their injuries.

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What time limits apply to start a thumb injury claim? 

For most personal injury claims, a legal action must be commenced within 3 years of the date of the injury. If you miss this deadline, you will lose the right to claim compensation.

However, depending on where your injury occurred or who you are claiming against, specific pre-court procedures may apply which may have much shorter time limits. If you miss these time limits you may lose your right to claim unless you can provide good reason for delaying and why you should be allowed to proceed with your claim. 

Those aged under 18 will typically have until they are 21 to start the claims process.

In addition, getting accurate records such as CCTV or reliable witness statements for example may be difficult if starting a claim several years after the incident.

In summary, it’s best to seek expert legal advice as soon as possible to ensure you understand your rights and the required evidence to make a strong claim can be gathered. View time limit information article for more detail.

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Next steps: what to do if you have suffered a thumb injury?

Depending on the nature of your injury and the circumstances which caused it, compensation may or may not be available. Smith's Lawyers team of expert personal injury lawyers can help you assert your rights to claim and seek compensation.