Is it possible to claim compensation for losing finger in accident when the injury was caused at work by a faulty power tool?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You may be entitled to claim compensation for losing finger in accident if it can be proven that the accident was due to your employer’s negligence. The fact that the power tool was faulty indicates that the may have employer failed in his or her duty of care to provide you with a safe working environment and therefore may be named as responsible for your injury. In addition, your employer will be considered to have breached their duty of care to you if you can demonstrate that you were not provided with adequate protective equipment or were not sufficiently trained in safety practices.
However, a problem with establishing negligence in your claim for lost finger in accident compensation may arise, as although your employer should not have permitted a faulty power tool to be used at work, it may in fact be the power tool manufacturer to blame for your injury. If this is the case, it may only be possible to claim finger injury in accident compensation against the manufacturer of the power tool.
You should be aware that employers are often quick to remove faulty equipment when it has been the cause of an accident, in order to prevent any repeat incidents. This could mean that the power tool has been disposed of, which could lead to difficulties in establishing where the fault with the power tool was and who was responsible for that fault.
There are a number of procedures that should have been completed in order to claim compensation for losing finger in accident. As the loss of a finger is a serious injury, you would most likely have been treated by a professional medical practitioner immediately after the accident occurred. Because of this, you would be able to use the notes made in your medical history to support your claim for finger injury in accident compensation claim.
For further support, you should have had your injury documented in your employer’s Accident Report Book, where it could also be found that other accidents caused by your employer’s negligence have previously occurred. It would also have been beneficial to collect the details of any witnesses to the accident and to have assembled any testimonies of work colleagues about prior accidents that occurred due to a breach in your employer’s duty of care. Any relevant CCTV footage that can be accessed would also be advantageous to your claim for lost finger in accident.
Claiming compensation for losing finger in accident at work can lead to a contentious situation with an employer that no employee would like to enter. That is why you would be strongly recommended to speak with an experienced personal injury solicitor at the first possible opportunity. Your solicitor would be able to assess your claim for lost finger in accident to confirm its viability, could prepare a comprehensive case file to maximise the probability of success and would be able to handle the case as judiciously as possible to minimise the risk of conflict.