My boss says I cannot claim compensation for severed finger because I should have reported that the saw guard was missing – is he right?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Although we can assume that you noticed the saw guard was missing and continued you use the equipment that led to your injury, you should still be able to claim compensation for severed finger; but only if it can be proven that your employer breached his legal duty of care. Although employees must adhere to health and safety regulations, it is the employer’s responsibility to provide their staff members with a safe working environment. If your employer was aware that saw guards had been removed from factory equipment, he or she will be deemed liable in a compensation claim for severed finger injury.
The fact that you did not report the hazard will not prevent you from claiming injured finger compensation, as your employer would have you believe; however, the amount of compensation you are entitled to in your claim for severed finger will likely be reduced to reflect the fact that you did not speak up about the dangerous situation you were entering, therefore effectively contributing to your accident and subsequent accident.
Despite the probable issue of contributory negligence, you should be able to claim injured finger compensation if it can be demonstrated that your employer failed in his or her duty of care to train you properly on how to use the machine, in supplying you with personal protective equipment or in safely maintaining the machinery used by employees.
There are a number of procedures that if completed would greatly benefit your compensation for severed finger claim. As your health should always take top priority, you should have had your injury treated by a professional medical practitioner immediately after the accident occurred. Not only would this step have prevented any further exacerbation to your injury, your medical history would have been updated, and can later be used as evidence in support of your claim for severed finger injury.
For further support, you should have had the details of your accident and injury noted in the business’s Accident Report Book, where it could be found that similar injuries had been recorded. Additionally, you should have gathered the details of any witnesses to the accident and perhaps collected testimonies from work colleagues about other injuries sustained in similar accidents due to your employer’s negligence.
You would be well advised in speaking with a personal injury solicitor about your claim for injured finger compensation at the first possible opportunity, and it is recommended that you stress the fact that your employer is likely to contest your claim since he or she has already indicated their apathy towards your situation.
Your solicitor would be able to evaluate your compensation for severed finger claim and advice you on the next steps to take or can assist with the completion of procedures not yet carried out. Once your solicitor has been informed of the exact circumstances of your injury, he or she would be able to confirm whether contributory negligence for your neglect to report the missing saw guard will have an impact on the amount of compensation you qualify for.