I made a claim for broken finger at work compensation after an accident for which my employer admitted liability. However the Injuries Board assessment of how much compensation for a broken finger at work I should get seems low to me. Should I accept it?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

I made a claim for broken finger at work compensation after an accident for which my employer admitted liability. However the Injuries Board assessment of how much compensation for a broken finger at work I should get seems low to me. Should I accept it?

Answer:

Without conducting an evaluation of your broken finger at work compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a broken finger at work you should receive or not. The Injuries Board will have made their calculations based on the information you provided them when you submitted your broken finger at work compensation claim and the independent medical examination you underwent.

There is no dedicated area on either the online application or the hard copy of Application Form A for you to explain how the workplace broken finger injury has affected your everyday life and, without knowing the how badly you may have been incapacitated by your broken finger, the Injuries Board will have calculated how much compensation for a broken finger at work you are entitled to based only on the medical facts of your broken finger in relation to the location of the injury, your sex, age and general state of health prior to your accident at work and the compensation figures published in the Book of Quantum.

Your “loss of amenity” is an important factor in a broken finger at work claim for compensation should you be unable to complete day-to-day tasks or if your enjoyment of leisure and social pursuits has suffered because of your injured finger. Due to the nature of some broken finger injuries, this factor can account for a substantial part of a broken finger at work compensation claim and it is strongly recommended that you maintain a diary to record the effect that your injured finger has on your daily quality of life.

If you have suffered any form of negative emotional reaction due to how your broken finger at work injury occurred, you may also be able to include this element of your accident in your broken finger at work claim for compensation. Victims of a broken finger may develop Post Traumatic Stress Disorder if their broken finger injury occurred in a particularly violent accident, or become depressed or anxious during their recovery from a work injury. Furthermore, if these emotional traumas manifested after the medical examination of your workplace injury had taken place, they would have been omitted from the information communicated to the Injuries Board and left out of the Injuries Board´s assessment of your claim for broken finger at work compensation.

With so many possible variables, it is easy to appreciate why no two broken finger at work claims for compensation are the same. It could be possible that your perception of how much compensation for a broken finger at work you should be entitled to is based upon what you have heard from colleagues at work or read in the press but, unless you undergo an evaluation of your injury and its consequences with an experienced injury claims solicitor, it is unlikely that you will ever be certain that the assessment conducted by the Injuries Board reflects the true extent of your broken finger injury or represents adequate broken finger at work compensation.

As the Injuries Board Ireland has already issued its assessment of your broken finger at work compensation claim, it is recommended that you speak with an injury claims solicitor at the first practical opportunity. Once you have discussed the circumstances of your workplace broken finger and the consequences that the injury has had on your quality of life, your solicitor will advise you whether to accept the Injury Board Ireland´s assessment of your broken finger at work claim or to pursue your entitlement to broken finger at work compensation through other channels.