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Minor Thumb Injury at Work - First Offer Received

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  • Minor Thumb Injury at Work - First Offer Received

    You may remember me from my other thread, 'Bruised Eye at Work..", in which a few of the members successfully helped me settle my claim. As a thanks to the forum, I took out a subscription.


    I have now received an offer for claim #2, for which I would again be grateful for your help.





    Claim Description

    There is a tool on my job for which I used to change a setting.

    The tool was allegedly supposed to work at 20Nm.

    Occasionally, less than a handful of times per shift, or per 250 cycles. It would spike with extreme force. I am 17st, and it would pull me off balance.

    I had complained for 2 years about this. Tool maintenance (useless pisshead), would come out and find 'no fault'.

    A stand in manager once told me it was impossible to happen.

    Eventually, the fault was found, and it was allegedly spiking at over 140Nm.

    The job involved holding the tool with both hands, arms outstretched, facing downwards, and pressing the button. There shouldn't be no free at 20Nm, but at over 140Nm, it could trap your right hand between the chassis of the vehicle. This is where it caused a minor bruising/swelling injury to my right thumb.

    I visited works OH Dept to log. No time off. No GP visit.





    The union solicitors have come back with a value of £650, and said they will put forward a £1100 offer to the other side. As advised before here, I will ask how he came to that valuation.


    What is your advice on this matter please?
    Last edited by SAPFO; 29th March 2018, 11:29:AM.
    Tags: None

  • #2
    Just spoke to the solicitors.

    No case law was used in the valuation

    It was valued using the JC minor injury guideline for injuries of less than 28 days, which is apparently £600 - £1200

    Also Injury to thumb guidelines, which is apparently £1930


    She said it was a "2 week injury", hence the came in at the very bottom end.

    Comment


    • #3
      That sounds about right to me
      Guidelines taken using Kemp & Kemp for a fractured thumb healing quickly is £2500

      Comment


      • #4
        So you think the £650 valuation is correct.

        Should I suggest I will close the matter at the £1100 they said they would put forward to the other side? My thinking is it'll be quick & painless for them rather than waste more time negotiating.

        Comment


        • #5

          Comment


          • #6
            Just to update this one. back in July I had some contact where I' d told them to come back with a better offer. Since then, it has move to 2 new people, who have each sent me the "good" news letter than the other side have offered me £600. This company is a total joke. Spoke to the 6th total, and 4th person trying to settle this claim yesterday. He said he reckons £950.

            Comment

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