This article will explore the process of making a faulty handle compensation claim after a workplace injury. We will discuss the health and safety legislation outlining an employer’s duty of care, explain how a faulty handle could cause an accident at work, and list the evidence you could obtain to support a personal injury claim. Additionally, we will look at guideline compensation brackets for various injuries that you could suffer in a workplace accident.
A faulty handle at work could cause injuries that range from minor cuts to severe soft tissue injuries or even fractures. Later in this guide, we will provide more information on how these injuries could be caused. If your employer breached their duty of care, which resulted in you sustaining injuries, you could be eligible to bring forward a personal injury claim for an accident at work.
If you would like to make an enquiry about your case, you can speak to one of our advisors. They can provide free and confidential legal advice regarding personal injury claims. Also, you do not have to be restricted by your schedule as they are available 24/7.
To speak to a member of our team, you can:
Jump To A Section
- How To Make A Workplace Faulty Handle Compensation Claim
- What Accidents And Injuries Could A Faulty Handle Cause?
- How To Prove Your Workplace Faulty Handle Compensation Claim
- Estimating Accident At Work Compensation Settlements
- Start A No Win No Fee Faulty Handle Compensation Claim
- Find Out More About Accident At Work Claims
The Health and Safety at Work etc. Act 1974 (HASAWA) details the duty of care that all employers owe to their employees. It requires employers to take reasonably practicable steps to ensure the safety of all employees and prevent them from sustaining injuries in the workplace.
These steps can include:
- Carrying out risk assessments
- Ensuring maintenance and repairs are conducted within the correct time frame
- Providing proper training
To make a workplace faulty handle compensation claim, it is essential to establish that your employer owed you a duty of care at the time and place of the accident. Furthermore, they must have breached this duty, which resulted in you sustaining injuries due to a faulty handle. This would meet the definition of employer negligence.
An example of how an employer could breach their duty of care is as follows. An employee reports a faulty handle on a piece of machinery to their employer. However, the employer doesn’t take any steps to minimise the health and safety risks that the faulty handle could pose or arrange for repairs to be carried out within an appropriate time frame.
You must also ensure your claim is started within the relevant time limits. We will explain this in more detail below.
How Long Do You Have To Claim For A Workplace Injury?
The Limitation Act 1980 outlines that there is typically a three-year time limit for starting a personal injury claim. This limitation period commences from either the date of the accident or the date of knowledge. This is when you connected your injuries to negligence.
Although, in cases where the injured person was under 18 at the time of the accident or the person lacks the mental capacity to bring forward a faulty handle compensation claim, exceptions to these time limits can be made.
If you have suffered due to employer negligence, please speak to a member of our team for advice. They can offer more insight into the time limits relevant to your case and further explain any applicable exceptions.
A faulty handle could cause various injuries in the workplace. Below we have provided a list of potential scenarios where a faulty handle could cause injuries:
- A metal door handle is broken, causing it to be sharp. This could lead to an employee suffering cuts, lacerations, or a soft tissue injury.
- An employee goes to open a door, and the handle comes away from the door, causing the employee to fall backwards and suffer multiple injuries.
- If handles are broken on pieces of machinery or tools, then this would mean the equipment is defective and could go on to cause accidents that can lead to fractures, severe soft tissue damage or tendon ruptures.
Gathering and providing evidence of negligence can strengthen a faulty handle compensation claim. Some proof that you could gather may include the following:
- Photographic evidence of the accident site and any physical injuries
- Medical records detailing the harm you sustained
- CCTV footage of the accident
- The accident at work report book
- Witness contact details
In addition to this, it is advisable to consider seeking legal advice on your eligibility to bring forward a claim. Our team of advisors can provide information on the evidence you could use to support your case.
When valuing a settlement for a faulty handle compensation claim, there are two heads to consider. Firstly, general damages accounts for the pain and suffering caused by the physical and/or psychological injuries.
Accident claims solicitors can refer to a document called the Judicial College Guidelines (JCG) to assist them in valuing the general damages head of claim. Therefore, we have used this document to create the table below, containing guideline compensation brackets for various injuries.
|Body Part||Severity||Notes||Brackets Amounts|
|Hand Injury||(f) Severe Finger Fractures||Cases that may result in partial amputation, deformity, impaired grip, disturbed sensation and a reduction in mechanical function.||Up to £36,740|
|Hand Injury||(j) Fracture of Index Finger||Fracture has mended quickly but grip has remained impaired.||£9,110 to £12,240|
|Hand Injury||(k) Serious Injury to Ring or Middle Fingers||Fractures or serious tendon injuries causing a permanent loss of grip or dexterity, deformity and stiffness will fall in the upper end of the bracket.||£10,320 to £16,340|
|Hand Injury||(h) Moderate Hand Injury||Deep and soft tissue type lacerations, and penetrating wounds.||£5,720 to £13,280|
|Wrist||(d) Fracture / Soft Tissue||The recovery times dictates this award. This bracket is for fractures and soft tissue damage that takes longer than 12 months to heal.||£6,080 to £10,350|
|Wrist||(e) Fracture||A Colles' fracture that is not complicated.||In the region of £7,430|
It is important to note that these figures are not guaranteed; they are a guide.
How Special Damages Could Compensate You
A successful faulty handle compensation claim can also include a payout under special damages for any past and future financial losses caused by the injuries. This could include:
- Medical costs – this could be proved using medical records.
- Travel expenses – travel tickets may be provided as evidence.
- Loss of earnings – you could obtain payslips to prove this.
- Adaptations to your home or car – you could use invoices or receipts as evidence.
Speak to a member of our team for a free estimation of the compensation you could be eligible to receive.
Should you allow one of our advisors to assess your claim today, they could find that you may have a valid case. Under these circumstances, they could place you in contact with one of our No Win No Fee accident at work solicitors.
A type of No Win No Fee Agreement that you could be offered is called a Conditional Fee Agreement (CFA). This can potentially provide various benefits to claimants as a way of accessing the services of a solicitor. Entering into a CFA will generally mean:
- There are no upfront and no ongoing fees for the services of your solicitor.
- There will be no payments to make for your solicitor’s services should your claim not succeed.
- If your claim is successful, your No Win No Fee solicitor can take a small percentage of the compensation. Legislation caps this success fee.
Get In Touch With Our Team
Please get in contact with our team for more information about making a personal injury claim following an accident at work. To get in touch, you can do one of the following:
The guides below offer more information on workplace injury claims:
- What Should I Do If I’ve Had An Accident At Work?
- I Cut My Finger At Work – How Much Compensation Could I Claim?
- Unsafe Work Area Claim – What Are Your Rights?
Additionally, explore these external sources:
- NHS – Hand pain
- Health and Safety Executive (HSE) – First aid in work
- GOV.UK – Statutory Sick Pay (SSP)
Thank you for reading this guide to making a faulty handle compensation claim after a workplace accident. If you still have any questions, please contact our team of advisors.