Finger Injury & Amputation Compensation Claims
If you suffer a finger injury due to someone else's negligence at work, then you may be entitled to a finger injury compensation. If the injury leads to a finger amputation, then you are entitled to a finger amputation compensation. The compensation amount is usually determined by several factors like the extent of the injury, medical expenses incurred, lost wages, and much more.
In Australia in 2018-2019, there were approximately 15,120 serious injury claims involving hand, thumb, and finger injuries. Of these hand and finger injuries, 1,345 were caused by strain or stress and 6,850 by crushing or being hit by moving objects. The remaining finger and hand injuries were caused by slips, trips, and falls, hitting objects with hands or fingers, or due to other factors.
If you suffer a finger injury at work, you should get in touch with personal injury solicitors from a trusted law firm who are recognized by the Solicitors Regulation Authority. They will help you understand how much compensation you are owed and assist you to file a successful claim.
Smith's compensation lawyers have a No win, No fee, No Catch policy. You can rest assured that if your claim were to present in court, we would wear the cost of an unfavorable outcome. There is no financial risk, and in over 25 years, we have never had a client out of pocket.
Talk with an experienced workers compensation lawyer to learn more.
Common Causes of Finger Injury and Amputation
Depending on the type of work you do, there are several ways you can suffer a finger injury. Some of the causes of finger injuries include:
Cutting or Slicing Injuries from Knives, Saws and Blades
Partial finger amputation or entire finger loss is common from accidents with saws, knives, blades. Finger injuries or finger amputations, caused due to the negligence of another person or organisation, can result in successful finger amputation compensation claims.
Machinery Accidents
At times, finger injuries can be caused by operating machinery. Fingers can be trapped in faulty equipment resulting in a severed fingers, broken finger, and finger fractures of one or more fingers. Finger injuries can cause a great deal of pain and require significant medical treatment and rehabilitation.
Sprains, Straining and RSI
Other causes of finger injuries are sprains, strains, and Repetitive Strain Injury (RSI). Overuse of fingers or performing the same tasks repeatedly can negatively affect your ability to use your fingers.
Road Traffic Accidents
Fingers and thumbs are often injured in a lot of types of motor vehicle accidents, whether you're driving a car, riding a motorbike, cycling, or walking. This can happen on impact or when trying to break a fall.
Talk with an experienced motor vehicle accident lawyer for more information.
Slips & Falls
When we slip on something, our first instinct is usually to put out our hands to break the fall, this puts a great deal of pressure on our hands and fingers. In such accidents, your fingers could be broken, severed on impact or they may be severely damaged such that it requires surgical amputation. Either way, you may be eligible to make a finger amputation compensation claim.
"Caught" Fingers
At times, workers may get their fingers caught in machines leading to serious injuries, for example, the index finger or middle fingers may be crushed or amputated in a sorting machine. A worker who sustains such an injury may be eligible to lodge a finger amputation claim.
Sports Injuries
Finger injuries resulting from high-contact sports are common and at times, can be quite serious. Although in many cases, proper safety procedures and standards have been upheld, where there has been an equipment failure due to maintenance, or other negligent cause, a personal injury claim may be lodged.
Common Types of Finger Injury and ''Loss of Finger'' Injuries
1. Finger Amputation
Finger amputation is one of the most common finger injuries and can lead to finger amputation compensation claims. Finger amputation can be caused in a range of ways including:
Finger Amputation Caused By Accident or Trauma
Finger amputation injuries can be caused by an accident or trauma when operating machinery in the workplace or a motor vehicle accident. This can result in a partially amputated finger or amputation of the whole finger. If finger amputation injuries are a result of someone else's negligence, one can make a finger amputation claim.
Finger Amputation Caused By Disease and/or Medical Negligence
Finger amputation injuries following a disease or medical negligence whether due to surgical error or misdiagnosis can lead to a finger injury compensation claim.
2. Crushed Finger
Crushed fingers are common in occupations that involve operating machinery. When you get a finger stuck between two objects and it gets crushed, it's usually quite painful.
3. Loss of Finger Tip or A Part of Finger
Anyone who uses power tools or mechanical tools in their work is usually at risk of losing a fingertip or part of a finger through contact with moving parts. Such a person is eligible to make a partial finger amputation compensation claim.
4. Finger Laceration
This finger injury is a deep cut in the skin of a finger, sometimes going deep enough to injure tendons and nerves. In the end, this can result in an amputated finger.
5. Finger Fractures or Dislocation
Fractured or dislocated finger bones can be caused by a crushing injury or impact on a surface. Such an injury is usually quite painful.
6. Finger Degloving Injury
This finger injury involves the skin being ripped from a person's finger and it usually requires a lot of painful physical therapy to recover.
7. Soft Tissue Finger Injury
Soft tissue refers to the muscles, ligaments, and tendons that surround and support joins. Injuries to the soft tissue surrounding finger joints are usually caused by a forceful stretch or blow for example when operating heavy machinery, or playing sports.
Injuries can happen to the thumb, index finger, ring finger, middle finger, or all fingers depending on how one suffers the finger injury.
Common "At-Risk" Job or Activity Types:
Abattoir Workers
People working in slaughterhouses operate sharp blades and saws and these pose a risk of finger injuries.
Factories and Warehouse Workers
Factory and warehouse workersusually operate heavy machinery which places them at risk of finger injuries. There is also a risk of being injured by the heavy goods stored in these places.
Butchers and Food Preparation Staff
These occupations require the use of saws and blades which can lead to loss of fingers or fingertips.
Heavy Machinery Operators
People operating heavy machinery are at an increased risk of serious injury to the fingers.
Construction Workers
People working in the construction industry usually operate heavy machines and carry heavy loads. This places them at significant risk of finger injuries due to accidents.
Carpenters, Plumbers, and Electricians
People in these occupations use a variety of instruments like saws, hammers, pliers, and more which, if mishandled, can cause severe finger injuries.
Metal Workers and Welders
Contact with hot material can lead to loss of fingers or serious injuries due to burns. Also, operating sharp pieces of metal without safety equipment can lead to partial amputation or entire finger amputations.
Athletes and Sports Players
Most sports are usually contact sports and sometimes they can be quite physical. The chances of getting injured while playing sports like football, rugby, cricket, and others are usually high.If you scour the internet, you'll easily find reports of an athlete or player having an injured index finger, middle finger, or ring finger. There are also reports of some athletes having their finger amputated.
Transportation and Logistics Personnel
Fingers can get trapped in doors, latches, and straps resulting in injuries.Injuries to the fingers can also result from crash-type injuries.
Can I Claim Compensation For My Finger Injury?
To make a finger injury claim you need to prove that someone else is at fault for your finger injury. Employers have a responsibility to maintain safe work conditions and provide appropriate safety equipment. Injuries can range from minor cuts and sprains to loss of fingertips and whole fingers. Finger injury compensation claims are usually awarded for:
- Soft tissue and ligament damage
- Finger dislocation
- Cuts and lacerations
- Breaks and fractures
- Burns and scarring
- Workplace amputations
- Tendon, ligament, and muscle damage
- Vibration white finger/carpal tunnel syndrome
Whatever the severity of your finger injury is and however it was caused, consider the following criteria when assessing whether you're likely to get a compensation payout:
- Was the injury caused due to someone else's negligence?
- Have you or will you seek medical treatment?
- Did it happen in the last 3 years?
If your answer to some or all of the above is yes, then you can pursue personal injury claims on a No Win No Fee basis. An expert personal injury lawyer will help you get the maximum compensation possible.
What Is The Compensation Claims Process For Finger Injury Or Amputation?
If you've suffered a finger injury at work, here's what you should do to get started with your claim:
1. Seek Medical Treatment & Lodge an application with WorkCover
If you suffer a finger injury while at the workplace, you should seek immediate medical attention. The doctor will conduct a medical assessment of your injuries and issue you a Work Capacity Certificate.
After you heal properly, you can begin the claims process. Submit an application with WorkCover QLD to kickstart your personal injury claim. If your employer is self-insured, inform them of the injury. They'll direct you on the next steps to take.
2. Wait for Assessment from WorkCover QLD
After you submit the claim, WorkCover will access it and decide whether to grant you finger injury compensation or finger amputation compensation.
3. Receive Your Workers Compensation Claim Outcome
WorkCover will then take a maximum of 20 days to decide whether to accept or deny your claim. The outcome of your assessment will state the result and how much compensation you should get.
4. Accept the Workers Compensation Claim Offer or Claim Damages
If your claim is accepted by WorkCover, you can choose to reject or accept the compensation awarded. If you are dissatisfied with the outcome of your personal injury claim, you can file a claim for damages in court.
Injured workers who get successful finger injury and finger amputation compensation claims are usually those who employ the services of the best compensation lawyers. One doesn't necessarily have to worry about legal fees because law firms, like Smith's have a no win no fee claims policy.
What Are The Average Payouts For Finger Injuries Or Finger Amputation Claims
Depending on the severity, a finger injury can have far-reaching impacts on your life. It can also impact your ability to work in your chosen profession. We cannot state exactly how much compensation most personal injury claims will receive. However, we can provide some general guidance on what can be compensated for.
One is eligible to claim compensation for:
- Medical treatment costs and other medical expenses associated with rehabilitation
- Loss of past and future income
- Loss of superannuation benefits
- Out of pocket expenses
- Treatment, care, and ongoing assistance to meet physical demands
A finger injury claim in Queensland can payout anywhere from $5,000-$1,000,000+ depending on the extent of your injuries. Some of the things that will have an impact on your case include:
- Did you lose a finger?
- Did you require surgery?
- Has the finger injury caused lost wages and/or work?
- Has the injury caused you to incur high medical costs?
If you suffer a finger amputation in Queensland in a work injury, you are entitled to a lumpsum finger amputation compensation claim. The finger amputation compensation amounts payable are set out in the Workers Compensation and Rehabilitation Regulation 2014 (Qld).
This regulation prescribes a method for accessing the severity of an injury. It aims to ensure consistency between assessments for compensation payout depending on injuries.
Every injury is given a numerical value. In the Regulation, this value is known as an Injury Scale Value (ISV) which runs on a scale of 0-100 depending on the severity of the injury. To find out the finger amputation compensation amount, the ISV is multiplied by a certain amount times the Queensland Ordinary Time Earnings (QOTE).
How Long Do I Have To Make My Finger Claim For My Finger Injury or Loss of Finger?
When making a claim for damages following a finger injury, you usually have three years within which to commence your claim. On the other hand, if you're making a workers compensation claim, you must file the claim within 6 months of the occurrence of the injury.
Due to the strict timelines associated with filing a claim for compensation, it's important to seek the legal advice of specialist solicitors from a trustworthy law firm as soon as you can.
Lodge A "No Win No Fee" Claim
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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