Last Updated On 1st May 2025. Legal Expert work with a dedicated panel of personal injury solicitors who can help claimants on a no win no fee basis. In this personal injury case study, we look at a case where a claimant suffered a broken thumb workplace injury. At the time of the injury, the claimant was operating a piece of machinery as part of their day-to-day duties. Whilst carrying out these duties they suffered a crush injury to their thumb (causing a fracture), this was caused by a spreader beam toppling over. As a result of the accident and the claimants resulting injuries, the victim chose to make a personal injury claim using a specialist solicitor.
What Injuries Were Sustained In This Case?
In this case, the client was injured whilst at work. Their right thumb suffered a crush injury, causing the fracture. There was also some loss of sensation as well as scarring to the thumb. The injury was caused by a spreader beam toppling over and impacting/ crushing the hand. This is commonly known as a crush injury. Crush injuries are caused by an object, such as the spreader beam, in this case, impacting and causing a compression of the body. In this case, the compression caused damage to the claimant’s thumb, resulting in them being injured and not being able to carry out their usual work duties for sometime after the accident.
The Allegation And Establishing Liability In This Case
For a solicitor to make a successful claim against an employer on behalf of a client, such as after a fractured or broken thumb, solicitors need to establish that the employer is in some way liable for the accident. The UK has many health and safety laws as well as various regulations which are put in place to protect employees in the workplace. These UK laws are reinforced by a variety of EU laws.
If you have been injured as a result of an accident in the workplace and want to claim compensation for a hand injury at work, you will be able to make a claim if your solicitor shows that your employer breached workplace laws or regulations. There are a variety of ways in which your employer can be shown to be legally responsible for an injury at work. These could be negligence, a breach of health and safety laws or a breach of your contract.
In this case study, solicitors alleged that the employer breached several regulations, such as Regulations 6 & 8 of the LOLER 1998 (Lifting Operations & Lifting Equipment Regulations) as well as Regulation 10 of the WAH 2005 (Work at Height Regulations) regulations. It could be demonstrated that the claimant was injured as a direct result of these breaches.
The Compensation Offer And Settlement
The compensation amounts paid out for a broken thumb can vary. Even when an injury is the same, the settlement awarded could vary depending on the solicitor acting on behalf of the claimant. The more serious the injury to the thumb, the higher the compensation settlement which might be paid out to a claimant. Broken thumb compensation settlements can be made up of a combination of general and special damages. Whilst the defendant did admit liability for the injuries suffered by the claimant, their initial settlement offer was lower than solicitors acting on behalf of the claimant thought could be awarded based on the nature and severity of the claimants’ injuries suffered.
An initial settlement offer of £2,270 was made for the injuries suffered, which included £1,400 of general damages for the injuries suffered, as well as special damages for other expenses. After negotiation on behalf of the claimant, solicitors acting, in this case, were able to secure a combined damages award of £8,000 made up of both general and special damages. This was a significant increase in the initial offer and demonstrates the value of using an effective solicitor in a personal injury claims case.
Am I Eligible To Claim Compensation For My Broken Thumb?
If you were involved in an accident that was not your fault, you may be able to start a broken thumb claim if you meet the following eligibility criteria:
- The third party must have owed you a duty of care
- The third party must have breached their duty of care
- This must have resulted in your broken thumb
A duty of care is legally imposed upon certain individuals. If they fail to meet this standard and injure those in their care, they may be eligible to claim compensation.
The following sections provide examples of when you are owed a duty of care.
Accidents At Work
Employers owe their employees a duty of care. Therefore, they must adhere to the Health and Safety at Work etc. Act 1974 and take reasonable steps to ensure employees remain safe while carrying out work-related duties and tasks. If they failed to do so, resulting in your broken thumb, you may be eligible to claim.
Road Traffic Accidents
Road users owe others a duty of care and must adhere to the Road Traffic Act 1988 and the Highway Code. In doing so, they must use the roads safely and responsibly to avoid injuring others. If a road user caused your broken thumb, you may be entitled to compensation.
Accidents In A Public Place
Those in control of public places must adhere to the Occupiers’ Liability Act 1975 and take steps to keep visitors reasonably safe. If they failed to do so, resulting in your broken thumb, you may be eligible to claim compensation.
Contact our helpful advisors today to determine whether you can claim broken thumb compensation.
No Win No Fee Solicitors Services
No win no fee is a type of contract or legal service offered by solicitors across the country and help people to make personal injury compensation claims where they may not ordinarily be able to. With a no win no fee agreement (often also known as a conditional fee agreement), a solicitor will agree to work with a client without asking for either upfront or ongoing payments. They also agree that if they can not claim damages for the claimant, they will waive their fee. Your solicitors will be paid as part of the settlement award. No win no fee agreements have helped thousands of people across the country to claim the compensation they deserve.
Contact Legal Expert Today
To find out more about making a workplace compensation claim, such as a broken thumb claim, talk to the legal specialists at Legal Expert today. We can connect you to one of our panel of experienced no win no fee solicitors. Contact us today on 0800 073 8804 or email us on info@legalexpert.co.uk.
Useful Links
Hand Injury Accident Claims
Find out how much a broken thumb could be worth in compensation with this guide to hand injury compensation claims.
Accident At Work Compensation
Find out more information on how much your accident at work claim might be worth by reading our comprehensive guide.
