Fingertip Amputation Due To Defective Cutting Machine Guard

In this Q&A – discover how to prove a claim (and calculate your compensation payout) against your employer when you suffer a fingertip amputation at work due to a defective cutting machine guard.

QUESTION – Fingertip Amputation From Defective Cutting Machine

I was working on a factory in Stoke-on-Trent using a cutting machine, which had a defective guard on it. I had complained in the past about this guard. However – nothing was ever done to remedy it. My supervisor was talking to me whilst I was cutting a metal bar and the tip of the middle finger on my right hand was cut off – approximately half an inch was lost.

I was assisted by the supervisor and an ambulance was called. Thereafter – I was taken to hospital in Crewe, but nothing could be done to save the tip of my finger. No surgery was done on my finger as when it was cut the cutting machine chipped the top bone resulting in no reconstructive plastic surgery being possible.

Now I am just waiting for it to heal on its own, obviously it’s going to heal shorter by about half an inch.

Can I claim compensation from my employer for my amputated fingertip and how much can I claim?

ANSWER – Work Injury Solicitor Response

From the description you have given there is a good chance of making a successful claim against your employer for your finger injury caused by the defective cutting machine guard.

Proving your employer’s liability for a defective cutting machine guard

Your employer is responsible for ensuring that the work equipment is not defective and has a properly functioning guard.

It is foreseeable that injury to your fingers and hands would be a likely consequence of a defect with a cutting machine.

The defect with the cutting machine led to your injury

Your employer has effectively strict liability. In other words – you need only show that the machine caused your fingertip injury at work. You do not need to prove why and how the defect with the cutting machine guard came into being – only that it was defective.

A functioning machine guard is necessary to prevent injury

Your employer will be aware that your hands and other body parts should be kept away from dangerous parts of machinery. Hence – the necessity of a correctly functioning guard.

Previous complaints about the cutting machine guard

Your previous complaints about the problems with the machine guard would strongly support your assertions that a defect with the cutting machine existed.

Distraction by supervisor whilst using dangerous work machinery

Your supervisor should not have distracted you whilst using a dangerous cutting machine. Proper risk assessments, work practices and training should be in place to ensure a conversation does not take place with workers who are using the cutting machine.

Employer liability for negligent acts by other employees

Your employer is considered liable for any negligent acts by employees that may have contributed to your accident.

Calculating the compensation payout for your fingertip amputation at work

The amount of compensation you can claim depends upon a full description of your injury given by an independent medical expert instructed by a solicitor on your behalf.

Medico-legal report describing your fingertip amputation

This medico-legal report will detail:

Payouts for pain and suffering for the loss of your fingertip

Your solicitor will compare your injuries as set out in the medical report to similar injuries decided by teh courts in the past and judicial guidance.

However – at the time of writing, the loss of fingertip and part of finger for your index, middle or ring finger is likely to be calculated between £5,000 and £30,500.

Whereas – the amputation of your little fingertip would likely be calculated between £5,000 and £7,000.

Remember however – these are approximate compensation payouts. Only a solicitor having access to all the evidence can given an accurate estimation of your compensation payout.

Past and future financial loss / expense

In addition – you would be entitled to claim your financial losses, both past and future, as a direct result of the accident.

For example – lost income, medical expenses, travel expenses to hospital / GP, help in the home, disadvantage on the open labour market (should you continue in your job you may be less likely than a worker with no finger injury to obtain another job), etc.

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