This guide will explore when you could make an amputation accident at work claim. Your employer owes you a duty of care to take reasonable steps to keep you safe in the workplace. If they fail to uphold this duty of care, it could see you becoming harmed. You may be able to seek compensation for the ways in which your injuries have affected your quality of life. We will explore the eligibility criteria for claiming in more detail throughout our guide.
Additionally, we will look at the steps you could take to support your potential claim, such as the evidence you could collect and the benefits of seeking legal advice.
Furthermore, you might be wondering how much compensation for an injury at work you could receive. We will explore how compensation is calculated in our guide.
You may also be interested in hiring a No Win No Fee solicitor to represent your claim. If so, this guide will provide more information on how the solicitors from our panel could assist.
Please continue reading to find out more. However, if you would prefer to speak directly to a member of our team, you can do so by:
- Calling the number at the top of this page
- Using the live chat feature at the bottom of the page
- Filling out the ‘contact us’ form
Amputation accident at work claims guide
Can I Make An Amputation Accident At Work Claim?
If you have experienced an injury involving amputation in an accident at work, you may have been impacted in several ways, including physically, psychologically and financially. The impact will depend on the severity of the amputation injury sustained.
In some cases, you may be able to seek compensation which takes into consideration the ways in which your injury has impacted your life.
In order for your claim to be valid, you must be able to prove:
- You were owed a duty of care at the time and place of the accident
- The duty of care was breached
- The breach resulted in injuries, either physical or psychological.
This is known as negligence. For more information as to what constitutes negligence at work, please get in touch with an advisor. They are available 24 hours a day, 7 days a week to help you.
Does My Employer Owe Me A Duty Of Care?
As previously stated, employers owes their employees a duty of care. This is outlined by the Health and Safety at Work etc. Act 1974 which states that employers must take all reasonable steps to ensure the safety of their employees.
This duty of care is a legal requirement, and failure to uphold the duty of care could lead to you sustaining harm in a workplace accident.
For example, you might work in a factory and endure a serious crushed arm injury due to faulty equipment, which leads to your arm being amputated.
Alternatively, you could be involved in a forklift accident after not being given the necessary training to operate the vehicle. Due to the severity of your injury, your leg may need to be amputated.
If you are injured due to your employers negligence, you may be able to seek compensation. To find out more, get in touch with a member of our team.
Potential Evidence That Could Be Used In A Workplace Accident Claim
Before you consider gathering evidence, it is very important to seek medical attention. Not only does this ensure you receive the medical treatment you may require, but it also generates medical records that can be used to support your amputation accident at work claim.
Other forms of evidence you could acquire to support your case include:
- A copy of the incident report from the workplace accident book
- CCTV footage of the incident and/or the scene
- Pictures of the scene of the accident and/or your injuries
- The contact details of any witnesses
As well as collecting evidence, you could seek legal advice. Our advisors offer free legal advice and may be able to connect you with one of the accident at work solicitors from our panel if your claim is valid.
Get in touch to find out more about what you should do if you have had an accident at work.
Is There An Injury At Work Time Limit?
You may be wondering whether there is an accident at work claim time limit. Typically, you have 3 years to start your claim.
This can be from the date of the accident or from when you associated your injuries with employer negligence. The personal injury claim time limit is outlined by the Limitation Act 1980.
There are some scenarios in which the 3-year time limit does not apply, though. For instance, if the person is under the age of 18 when the incident occurs or the injured person lacks the mental capacity to claim.
To learn more about the exceptions, please get in touch with our team. Alternatively, continue reading to find out about the compensation that could be awarded following a successful amputation accident at work claim.
Amputation Accident At Work – What Could I Receive?
If your amputation accident at work claim is successful, the settlement you receive might consist of general damages and special damages.
Firstly, general damages account for the pain and suffering caused by your injuries. This can be both physical and mental. There is also consideration given to factors such as the recovery time, severity of the injury, future prognosis and overall impact on your quality of life.
We have put together a table of guideline compensation amounts from the Judicial College Guidelines (JCG). This is a document solicitors and other legal professionals can use to help them value your injuries.
Despite the figures being based on previous court settlements, you should only use them as a guide. This is because all personal injury claims are unique.
| Injury | Compensation Bracket (Guideline) | Details |
|---|---|---|
| Arm Amputation | £240,790 to £300,000 | (a) Both arms are amputated. |
| Arm Amputation | Not less than £137,160 | (b) (i) One arm is amputated at the shoulder. |
| Arm Amputation | £109,650 to £130,930 | (b) (ii) One arm is amputated above the elbow. |
| Arm Amputation | £96,160 to £109,650 | (b) (iii) One arm is amputated below the elbow. |
| Leg Amputation | £240,790 to £282,010 | (a) (i) Both legs are lost. |
| Leg Amputation | £201,490 to £270,100 | (a) (ii) Both legs are amputated below the knee. |
| Leg Amputation | £104,830 to £137,470 | (a) (iii) One leg is amputated above the knee. |
| Leg Amputation | £97,980 to £132,990 | (a) (iv) One leg is amputated below the knee. |
| Hand Injuries | £140,660 to £201,490 | (a) Both hands are totally or effectively lost. |
| Toe Injuries | £36,520 to £56,080 | (a) All the toes are amputated. |
You could receive special damages as part of your accident at work settlement. This head of claim seeks to reimburse you for any financial losses incurred due to your injuries.
For example, an arm amputation injury may require you to make home adaptations. The cost of the adaptations could be covered by special damages. Other costs that you could claim back might include:
- Travel costs
- Loss of pay
- Medical expenses
- Care costs
To learn more about the compensation for a workplace accident you could receive, get in touch with our team on the number above.
Can I Claim For An Injury At Work On A No Win No Fee Basis?
A Conditional Fee Agreement (CFA) is a type of service that could be offered by a No Win No Fee solicitor.
Being represented under a CFA means that you do not have to pay your solicitor any fees for their services if your case is unsuccessful. You also don’t need to pay for their services up front or while the claim proceeds.
You will have to pay your solicitor a success fee from your compensation if your case is won. This fee is subject to a legal cap.
To learn about whether a solicitor from our panel could represent your claim on this basis, please get in touch using the details below.
Contact Us For Free Today To See If You Can Claim
We hope this guide exploring when you could make an amputation accident at work claim has helped. However, we understand that you may still have questions after reading. If so, you can get in touch with an advisor from our team. They can discuss your potential claim and answer any questions you might have.
To get in touch, you can:
- Call the number at the top of this page
- Use the live chat feature at the bottom of the page
- Complete our ‘contact us’ form
Learn More About Claiming For An Amputation Accident At Work
Here we have included some external resources:
- GOV – Statutory Sick Pay
- NHS – First Aid
- HSE – Steps Needed To Manage Risk
Thank you for reading our guide on the amputation accident at work claims process. If still have any unanswered questions, do not hesitate to call the number above.
Writer Beck Pickering
Editor Meg Martin
