How To Calculate Compensation For A Thumb Injury Claim

In this guide, we will explain when you might be able to make a thumb injury claim. You could make a personal injury claim if you were harmed by the negligence of someone who owed you a duty of care.

Thumb injury claim guide

This guide will address what a duty of care is, and the situations in which you are owed one. We will also look at some potential accident types that can result from a breach of this duty.

Our advisors can offer free legal advice and, if you have a valid claim, could connect you with a solicitor from our panel. If you would like to speak to an adviser, they can be reached via:

The number at the top of the page
Our contact page
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Choose A Section

Could I Make A Thumb Injury Claim?
How You Could Hurt Your Thumb
What Is The Best Treatment For A Broken Thumb?
Determining Compensation For A Thumb Injury Claim
Should I Appoint A No Win No Fee Solicitor?
More Information About Thumb Injury Claims

Could I Make A Thumb Injury Claim?

In order for you to be able to make a personal injury claim for compensation, there needs to have been:

A duty of care in place
A breach of that duty of care
An injury that occurred as a direct result of the breach

A duty of care means that someone is responsible for ensuring your safety and can apply in different circumstances. A breach of duty of care could lead to someone being injured, and as a result, they could make a thumb injury claim.

You are owed a duty of care:

At work – Your employer owes you a duty of care according to the Health and Safety at Work etc Act 1974
In public places – You’re owed a duty of care according to the Occupiers Liability Act 1957 by the party in control of the space (referred to as the “occupier”). They should be maintained so that they can be safely used
On the road – where the duty is shared by all road users amongst each other and to each other. This duty of care is set out in the Road Traffic Act 1988 and road users can follow the guidance found in the Highway Code.

A breach of a duty of care would be any actions, or inactions, that fail to uphold that responsibility. If you were injured as a result of a breach of duty of care, the party who owes the duty of care could be found at fault for your injury and you could claim compensation against them.

For more information on the process of making a thumb injury claim, speak with one of our advisors today.

Thumb Injury Statistics

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) requires the reporting of specified injuries and reportable incidents to the Health & Safety Executive (HSE).

For the year 2020/21, there were 5,181 reported non-fatal injuries to thumbs and fingers. This was the second-highest site of injury on the upper limbs, with the highest number of injuries sustained to areas of the limb that are not otherwise specified.

How You Could Hurt Your Thumb

There are a number of different ways you could break your thumb as the result of a breach of duty of care. We have outlined some of these below:

Road traffic accidents. A road traffic accident could cause a thumb fracture in a number of ways. For example, you could be involved in a head-on collision with a driver who was travelling down the wrong side of the road, this could cause a thumb fracture in a hand that was on the wheel. On the other hand, you could be a pedestrian or a cyclist who is knocked over by a negligent road user and breaks your thumb in the fall.
Accidents in public. If you’re in a public place like a restaurant, gym or shop, you could be injured because of the negligence of the responsible party. For example, if there is a wet floor that is not signposted or cleaned up in a reasonable timeframe, you could slip and fall, fracturing your thumb.
Workplace accidents. If you work with machinery, then you could be at risk of breaking your thumb in the workplace. Your employer should make sure that all of the equipment you need to do your job is safe and well-maintained. For example, your thumb could be crushed by a hydraulic press because the emergency stop button was faulty.

There are other ways you could be injured as the result of a duty of care breach, breaking your thumb. Speak with one of our advisors for more information.

What Is The Best Treatment For A Broken Thumb?

As treatment options would be based directly on the level of the injury, it would be best to refer to professional medical advice for any information on how to deal with a broken thumb.

Any medical records generated by the treatment you receive can be used as evidence in your claim. An independent medical assessment may also be arranged as part of your personal injury claims process so that your claim can be valued.

You can also gather other pieces of evidence that could help prove your claim. This can come in the form of:

CCTV footage that shows how the accident happened
Witness details. The contact details of witnesses who can provide testimonies about how the accident occurred
Emails. If you had alerted the responsible party of a safety concern and they had failed to act on it, dated emails could help to show that they were acting negligently in not dealing with the hazard.

You can talk to our advisers now for more information about making a thumb injury claim.

Determining Compensation For A Thumb Injury Claim

When you make a claim for compensation for an injury caused by negligence, you could receive up to two different heads of claim. The first of these is called general damages and compensates you for the pain and suffering that you experience as a result of your injuries.

The Judicial College Guidelines (JCG) is a publication used to help value this head of your claim. It contains guideline compensation brackets for a range of injuries of different severities.

Below, we have included some of the thumb and hand injuries listed in these guidelines;

Injury	Notes	Award
Thumb	Loss of thumb	£33,330 to £51,460
Thumb	Very Serious- If the thumb was severed and grafted back, leaving it useless or deformed	£18,390 to £32,850
Thumb	Serious- Nerve damage or fractures needing surgery	£11,820 to £15,740
Thumb	Moderate- Damage to tendons or nerves causing impairment of function	£9,080 to £11,820
Thumb	Severe dislocation	£3,710 to £6,360
Hand, Finger and Thumb	Minor- Fractures that will repair within 6 months	Up to £4,461
Hand	Moderate-Crush injuries, penetrating wounds and deep lacerations	£5,260 to £12,460
Hand	Less Serious- Severe crush injury resulting in impaired function but with no need for future surgery	£13,570 to £27,220
Fingers	Severe fractures that could lead to partial amputations resulting in impaired function	Up to £34,480
Hand	Serious- Injuries will have reduced the hand to about 50 per cent capacity	£27,220 to £58,100

The second head of compensation addresses any financial losses you have suffered because of the injury. It’s known as special damages.

Special damages could include:

Loss of earnings
The cost of medical care
Damage to property

For more information on how much you could receive in a thumb injury claim, speak with one of our advisors today.

Should I Appoint A No Win No Fee Solicitor?

A No Win No Fee agreement is a way to enlist professional legal representation without having to worry about costs. It’s not a legal requirement to have a solicitor; however, they can help assess how much your claim is worth, advise you on when to accept an offer and help you navigate the claims process.

A solicitor working on a No Win No Fee basis would not charge you any upfront legal fees, nor would you be charged any ongoing fees as your claim proceeds. You would only be charged a success fee in the event that you’re awarded compensation. The fee would be a legally capped percentage of the compensation awarded. If the claim fails, you would not pay your solicitor any fees.

Our panel of solicitors work on a No Win No Fee basis and could work on your thumb injury claim. Speak with an advisor today for more information.

Ask About A Thumb Injury Claim

You can contact our advisers now to see if you could be put through to one of our panel of solicitors to represent you in your thumb injury claim.

They can be reached via:

The number at the top of the page
Our contact page
The live chat feature

More Information About Thumb Injury Claims

The NHS offers a guide that can help you assess if you’ve broken a bone

They also offer more help on coping with thumb pain

You can also access information related to statutory sick pay from the government website

Check out more of our personal injury claims guides below:

If you have any more questions about making a thumb injury claim, get in touch.

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