This guide will provide you with information about how to claim hand injury compensation in Scotland. If you have experienced an injury at work, in public or on the roads as a result of a third party breaching their duty of care, it may be possible for you to make a personal injury claim. We will provide further guidance on the eligibility criteria as we move through our guide.

Additionally, we look at the legislation that outlines the duty of care certain parties owe, and provide examples of how a breach of this duty could lead to an accident in which you sustain an injured hand.

Hand injuries can vary in severity, with some causing short-term issues, and others creating long-standing disabilities and problems. If you are eligible to make a claim, and you succeed in doing so, you could be awarded compensation to address the different ways your injury has impacted you.

Finally, we discuss the advantages of using a No Win No Fee solicitor when making a personal injury claim, and the potential services they could offer.

Our advisors offer an instant case check to assess your eligibility. They can also answer any questions you might have after reading our helpful guide. To find out more:

• Telephone using the number above.
• Contact us via the online form.
• Connect with us through the live chat feature below.

Choose A Section

1. When Are You Able To Claim Hand Injury Compensation In Scotland?
2. What Amount Of Hand Injury Compensation Could You Receive?
3. How Long Do You Have To Claim Hand Injury Compensation?
4. Evidence That Could Help You In Personal Injury Claims
5. Make A No Win No Fee Hand Injury Claim
6. Read More About How To Make Hand Injury Claims

When Are You Able To Claim Hand Injury Compensation In Scotland?

In order to have valid grounds to make a hand injury compensation claim, it’s essential to meet three important points of eligibility. You need to show that:

• A third party owed you a duty of care.
• They breached this duty of care and involved you in an accident.
• Because of this, you suffered physical and/or psychological injuries as a consequence.

Together, these points lay the foundation of negligence in personal injury claims. If negligence can be proven, you could be eligible to seek compensation for the harm you sustained.

Below, we examine the legislation that outlines the duty of care certain third parties owe, including road users, employers and occupiers. We also offer examples of how a hand injury could be sustained in an accident following a breach of this duty.

Accidents At Work

A main piece of health and safety legislation outlines the duty of care that is owed by employers in workplaces. This legislation is called the Health and Safety at Work etc. Act 1974 (HASAWA)  and states they must carry out reasonable and practicable steps to ensure employee safety at work, and whilst work tasks are being performed. Some of the steps they could take include:

• Ensuring that the appropriate and adequate training is provided to employees.
• Conducting regular inspections to assess any hazards and address the risk of injury they pose.
• Providing personal protective equipment (PPE) as needed.

A failure on your employer’s part to do so could lead to an accident at work in which you sustain a hand injury. For example, your employer may have failed to ensure the workplace machinery was safe and regularly maintained. As a result, you sustain a traumatic amputation to the hand when using faulty machinery.

Road Traffic Accidents

The Road Traffic Act 1988 and the Highway Code explain the obligations that road users have to operate their vehicles and navigate the roads in ways that prevent causing harm to themselves or others. This is the duty of care they owe one another.

A hand injury could be sustained if this duty is not upheld. For example, a motorist could exit a turning without looking to see if it was safe. As a result, they collide with your vehicle and cause you to fracture your fingers.

Accidents In A Public Place

The party in control of a public space owes visitors a duty of care as per The Occupiers’ Liability (Scotland) Act 1960. It states they need to ensure the reasonable safety of visitors to the space. A failure to do so could lead to an accident in a public place.

For example, a visitor could cut their hand on a broken fitting in a shop that hadn’t been fixed in a reasonable time, despite multiple reports being made. As a result, they could suffer a serious laceration to their palm as a result.

Whatever your precise circumstances, our expert advisors are happy to discuss your eligibility to seek hand injury compensation. You can get in touch on the number above for more information.

What Amount Of Hand Injury Compensation Could You Receive?

A successful hand injury compensation claim can result in two heads of loss being awarded. The first is general damages which aims to compensate the person for the physical and psychological pain and suffering you experienced because of your injury.

Below, you can find an excerpt of the Judicial College Guidelines by Judiciary UK. Legal professionals can use these guidelines to help them calculate the value of general damages.

Guideline Amounts

Area of Injury	Severity	Award Guideline Brackets	Notes
Hand	(a) Total or Effective Loss of Both Hands	£140,660 to £201,490	Serious injury that renders both hands little more than useless due to extensive damage.
	(c) Total or Effective Loss of One Hand	£96,160 to £109,650	Crush injuries that required amputation.
	(d) Amputation of Index and Middle and/or Ring Finger,	£61,910 to £90,750	Where the hand is rendered of little use and where grip is exceedingly weak.
	(b) Serious Damage to Both Hands	£55,820 to £84,570	Injuries causing significant loss of function and permanent cosmetic disability.
	(e) Serious	£29,000 to £61,910	Injuries that reduce the capacity of the hand by 50%.
	(f) Severe Fractures to Fingers	Up to £36,740	Cases of partial amputations that result in impaired grip and deformity.
	(g) Less Serious	£14,450 to £29,000	Crush injuries that cause significant impaired function.
	(i) Total and Partial Loss of Index Finger	£12,170 to £18,740	Cases of injury to the index finger causing impaired dexterity and grip as well as disfigurement.
	(h) Moderate	£5,720 to £13,280	Crush and soft tissue injuries, penetrative wounds and deep lacerations.
	(j) Index Finger Fracture	£9,110 to £12,240	Cases where a fracture has healed in a short period of time however grip remains impaired.

It is important to note that these are merely intended to be guideline figures. Additionally, they only apply to claims made in England and Wales.

Special Damages In A Hand Injury Claim

Special damages compensate for the financial losses caused by your injuries. It can help to present evidence that prove these losses when claiming them back, such as receipts, and payslips.

Examples of the losses you could claim back include:

• Loss of earnings
• Domestic care costs
• Travel costs
• Medical expenses

For more information about hand injury compensation and the amount you could potentially receive, call an advisor on the number above.

How Long Do You Have To Claim Hand Injury Compensation?

The Prescription and Limitation (Scotland) Act 1973 outlines that there is a three-year time limit in which to begin a personal injury claim. Typically, this starts from the date of the injury. However, some exceptions can apply. For example, claimants under the age of 16 have three years from their 16th birthday to start a claim independently.

For more information on the exceptions that could apply to the time limits when making a hand injury compensation claim, call our team on the number above.

Evidence That Could Help You In Personal Injury Claims

The following evidence could help support your personal injury claim by showing a third party breached their duty of care, and caused you to sustain harm as a result.

• Photos that show your injuries
• CCTV or dash cam footage that clearly shows the accident
• Witness contact details
• Copies of medical records

Please consider speaking to our advisors about working with a personal injury solicitor from our panel. A solicitor could help you gather evidence and build your case if it’s valid. To find out whether you could be connected with one of them, please call an advisor on the number above.

Make A No Win No Fee Hand Injury Claim

A solicitor may offer you a Damages Based Agreement or a Speculative Fee Agreement under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. This typically means:

• No need for any payments for the solicitor’s services if the claim is unsuccessful.
• If the claim has a positive outcome, a limited and legally capped percentage from the compensation, called a success fee, is deducted from the overall payout.

For more information about pursuing a hand injury compensation claim, please get in touch with an advisor. To do so, you can:

• Call the number on this page
• Contact us via the online form
• Write to us through the live chat feature below.

Read More About How To Make Hand Injury Claims

For more of our guides:

• Learn how to claim for a back injury at work.
• Find out about the process of claiming for a self-employed accident at work.
• Read about making a claim after a fall from a height.

For more external resources:

• Health and Safety Executive – First aid: What employers need to do
• NHS – Hand pain
• GOV.UK – Statutory Sick Pay

Thank you for reading this article on hand injury compensation claims. If you have any other questions, please get in touch using the details provided above.

Writer Jeff Winter

Editor Meg Murial