Thumbs are essential for the ability to grip, dexterity, and the correct functioning of the hand. Any injury to this digit can cause pain and suffering and affect your ability to carry out daily activities such as eating, cooking and driving.
Common scenarios that may lead to a thumb injury include road traffic collisions, falls, accidents at work, sports, and assaults. These incidents can cause various types of damage, from a broken thumb to traumatic amputations. As long as another party was at fault for the injury, you might be eligible for compensation.
Can I make a thumb injury claim?
The easiest way to find out if you have a valid claim for broken thumb compensation is through a free consultation with a legal adviser. Before taking on your case, they will verify whether:
- The party you hold liable owed you a legal duty of care
- They breached their obligations through an act of negligence or wrongdoing
- You suffered a thumb injury as a result within the past three years
If your case has merit, your solicitor will be able to prove that a duty of care existed and it was breached. Based on your circumstances, they will refer to various legislation, such as:
- The Health and Safety at Work etc. Act 1974, if you had a workplace accident
- The Road Traffic Act 1988, if you suffered a thumb injury in a road accident that was not your fault
- The Occupiers’ Liability Act 1957 places a duty on shops and other businesses to keep visitors safe on their premises
- The Consumer Rights Act 2015 allows you to claim damages if you were injured due to a faulty product
If you have a valid claim and decide to proceed, your solicitor will help you gather evidence to support your case and secure the maximum compensation possible.
What do I need to claim broken thumb compensation?
If you decide to make a thumb injury claim, you will need to be able to prove who was at fault for your accident, how severe your injury was and how it impacted you. Evidence that could help support your claim includes:
- Photographs or videos of the accident scene and the cause of your injury
- CCTV or dashcam footage of the accident, if available
- Pictures of any visible injuries and your recovery process
- Copies of your medical records that detail the diagnosis, treatment, and prognosis of your injury
- X-rays, MRI scans, or other imaging tests that show the extent of the injury
- Accident reports, if you were injured at work or in a public place
- Witness statements can provide additional evidence of how the injury occurred
- Your account of how the events unfolded and how your accident has affected your life
- Records of any financial losses related to the injury, such as medical bills, prescription costs, rehabilitation expenses, and travel costs for medical appointments
After having all the details, your solicitor will inform the other side of your intentions to claim thumb injury compensation and work hard to negotiate the best settlement on your behalf.
Common accidents leading to a thumb injury claim
You could injure your thumb in many ways, but some of the most common situations leading to thumb injury compensation include:
- Workplace accidents. Accidents at work, such as those involving heavy machinery, tools, or equipment, can lead to thumb injuries. For example, a crush injury from a malfunctioning machine or a fall while working at heights could result in a thumb injury compensation claim.
- Road accidents. Car, motorcycle, and pedestrian accidents can all lead to thumb injuries. These injuries can occur due to impacts during collisions or being caught in or between objects.
- Slips, trips and falls. Slip and fall accidents can injure your thumb if you use your hands to brace yourself during the fall. The impact can lead to fractures, sprains, or strains in the thumb.
- Sports Injuries. Thumb injuries are common in sports that involve gripping, catching, or impact. Injuries can occur during activities such as football, basketball, skiing, and rock climbing.
- Criminal assaults. Thumb injuries can occur during altercations or assaults. They could result from direct blows, impacts against objects, or attempts to defend oneself.
- A fall from height. Falls from heights, such as falls from ladders, scaffolding, or elevated platforms, can result in thumb damage if you attempt to break your fall with your hands.
- Defective products. Thumb injuries may result from using defective or unsafe products. If a product’s design, manufacturing, or labelling defect leads to a thumb injury, you may have a product liability claim.
- Building site accidents. Construction sites are inherently hazardous environments, and accidents involving falling objects, machinery, or other construction-related hazards can cause various thumb injuries.
- Repetitive strain injuries. Repetitive movements or activities that strain the thumb over time, such as typing or using vibrating tools, can lead to conditions such as tendonitis.
This list is not exhaustive, and you should be able to claim for any thumb injury caused by someone else’s negligence.
Common types of thumb injuries
The thumb is a crucial part of the hand and is involved in many daily activities. Various types of injuries can occur to the thumb, ranging from minor to severe, and these include:
- Sprains and strains. Sprains and strains occur when the ligaments or muscles around the thumb are stretched or torn. These can result from sudden movements, overextension, or impacts.
- Fractures. Thumb fractures are breaks in the bones of the thumb. They can occur in the distal phalanx (tip of the thumb), proximal phalanx (base of the thumb), or metacarpal bone. A fractured thumb at work or in a public place can result from falls, direct impacts, or crushing injuries.
- Dislocations. Dislocations occur when the bones in the thumb are forced out of their normal position at a joint. The most common dislocation involves the base of the thumb joint, known as the carpometacarpal joint.
- Tendon injuries. Tendons are fibrous tissues that attach muscles to bones. Injuries to thumb tendons can result from overuse, trauma, or repetitive strain. Tendon injuries can lead to pain, limited movement, and difficulty gripping.
- Lacerations and cuts. Such injuries to the thumb can occur from accidents involving sharp objects such as knives or glass. These injuries may damage the skin, underlying tissues, and potentially the nerves and blood vessels.
- Crush injuries. Crush injuries to the thumb can result from accidents involving heavy objects or machinery. These injuries can lead to fractures, soft tissue damage, and potential nerve or vascular injury.
- Burns. Thermal burns or chemical burns can occur if the thumb comes into contact with hot surfaces, flames, chemicals, or other hazardous substances.
You might be entitled to compensation if you suffered any damage to your thumb due to someone else’s negligence. To find out if you have a valid claim for a thumb injury, call 0800 678 1410 today to speak to a friendly legal adviser.
Can I claim thumb injury compensation from my employer?
Employers have legal duties under the Health and Safety at Work etc. Act 1974 and other workplace legislation. They must take all reasonable measures to keep you safe from injuries at work, including:
- Conduct thorough risk assessments to identify hazards that could lead to a thumb injury;
- Take all reasonable measures to reduce or eliminate such hazards;
- Provide proper training on how to perform tasks that involve using the hands safely;
- If the work involves tasks where thumb injuries are a risk, provide appropriate PPE, such as gloves, that can help protect your hands and thumbs;
- Ensure that workstations and tools are ergonomically designed to reduce strain on hands and thumbs;
- Provide guidelines for lifting, carrying, and handling objects to prevent strain on the thumbs;
- Ensure that tools and equipment are adequately maintained and in good working condition;
- Encourage employees to take regular breaks to rest their hands and thumbs, especially if their tasks involve repetitive movements;
- Establish a straightforward procedure for employees to report any potential hazards or near misses related to thumb injuries;
- Regularly review and update safety measures to adapt to changing circumstances or new risks that may arise.
If your employer has failed in their duty of care and you had an accident because of this, you might have a valid thumb injury claim.
If you feel reluctant about claiming against your employer, you should know that they are legally obliged to have insurance against personal injuries to employees. If your case is successful, their insurer will pay your compensation, so your employer will not be left out of pocket.
Furthermore, dismissal laws make it illegal for your employer to sack, discipline or treat you any differently for exercising your right to make a legal claim.
Frequently asked questions:
Below are some of the most commonly asked questions about making a claim for compensation if you have suffered an injury to your thumb. If you can’t find the information you need or would like to speak to one of our friendly legal advisers, feel free to get in touch by calling 0800 678 1410 or using our online claim form.
How much compensation can I claim for a thumb injury?
Each case is unique, so there is no one answer to this question. Thumb injury compensation claims are calculated based on two types of damages:
General damages are based on the impact the injury had on you. It considers factors such as physical pain, emotional trauma, inability to pursue a hobby and loss of enjoyment of daily activities.
Special damages are awarded for the financial losses and expenses you incurred as a result. They may include lost earnings during recovery, medical aids, travel expenses and the cost of private treatment.
According to the Judicial College guidelines, you could receive the following compensation payout in a thumb injury claim:
- Up to £4,750 for a minor injury with or without scarring
- £9,670 to £12,590 for moderate injuries causing impairment of function and sensitivity
- £12,590 to £35,010 for more severe injuries like amputation of the tip of the thumb resulting in impaired grip
- Up to £54,830 for the loss of a thumb
Can I start a broken thumb claim on behalf of my child?
If your child has suffered any thumb injury caused by somebody else’s negligence, you are entitled to claim compensation for them. A personal injury lawyer will help you apply to the court to be appointed as their litigation friend, enabling you to claim on their behalf. If the court determines you are suitable for the role, you can start legal proceedings for your child.
In a child injury claim, you can recover damages for their pain and suffering and any financial losses you incurred to care for them. All compensation awards to children must be approved by the court at an Infant Approval Hearing. Typically, the money awarded will be kept in a court bank account and released to the child on their 18th birthday.
What is the time limit to begin a thumb injury compensation claim?
The Limitation Act 1980 imposes a three-year time limit to start a personal injury claim starting from the date of your accident. If your thumb injury developed over time, the time limit will begin from the date of your diagnosis.
Some exceptions could apply to the three-year claim limitation date, such as:
- If the injured party is a child, the time limit does not start until their 18th birthday.
- If the claimant cannot handle their case due to a mental impairment, the time limit is suspended, and a litigation friend can start legal proceedings for them at any time.
- There is a two-year time limit to claim through the Criminal Injuries Compensation Authority if you were injured due to a violent crime.
Do your personal injury solicitors offer a No win No Fee claim service?
Yes. The solicitors we work with will handle your thumb injury claim on a no win no fee basis if they believe you have a fair chance of success. This arrangement allows you to get legal representation without paying upfront fees.
Instead, the solicitor’s fees are contingent on the outcome of the case. If you win compensation, they will get a success fee of up to 25% of your settlement. If you lose the claim, you do not have to pay them a single penny. You will also be protected by an After the Event (ATE) insurance against legal charges incurred during the claims process. These may include court fees, the defendant’s expenses and expert witness fees.