This guide will explore when you could make a personal injury claim for saw injuries sustained in a workplace accident. It will discuss the eligibility criteria that need to be met, the time limits that need adhering to, and the evidence you could potentially gather to support your case.
Additionally, this guide will discuss the central piece of workplace health and safety legislation that outlines the duty of care employers owe their employees. You can also find examples of how an accident at work involving a saw could occur and the injuries that could be sustained as a result.
Furthermore, we discuss the accident at work compensation payout that could be awarded following a successful claim, and how settlements are valued.
Finally, we explore the advantages of working with one of the No Win No Fee solicitors from our panel, and how they could assist you with your potential accident at work claim.
If you need any other information, you can contact an advisor. To do so, you can:
Browse Our Guide
- How Much Compensation For Saw Injuries At Work?
- When Are You Eligible To Claim For Saw Injuries?
- How Could Saw Injuries Be Caused By Employer Negligence?
- Evidence That Could Help You Claim For A Work Saw Injury
- Make A No Win No Fee Work Injury Claim
- Read More About Claiming For A Saw Injury In The Workplace
If you make a successful accident at work claim for saw injuries, you could receive a settlement comprising of up to two heads of loss. The first is called general damages which compensates for the mental and physical pain you have endured due to your injury.
To help calculate the value of general damages, personal injury solicitors often refer to the Judicial College Guidelines along with any medical reports. This document contains guideline award brackets, some of which you can find in the table below. However, you should only use these as a guide as settlements can vary depending on the specific factors of each personal injury claim.
|Loss Of One Arm (ii)
|£109,650 to £130,930
|Amputation of one arm above the elbow.
|Loss Of One Arm (iii)
|£96,160 to £109,650
|Amputation of one arm below the elbow.
|Total or Effective Loss of One Hand
|£96,160 to £109,650
|Cases where the hand was crushed and then surgically amputated.
|Amputation of Index and Middle and/or Ring Fingers
|£61,910 to £90,750
|The hand is rendered of very little use and any remaining grip is increasingly weak.
|Moderate Thumb Injury
|£9,670 to £12,590
|Injuries causing tendon or nerve damage resulting in sensation and function impairment.
|Complete Loss Of One Eye
|£54,830 to £65,710
|Award is dependent on age, cosmetic and psychiatric effect.
|Total Sight Loss In One Eye
|£49,270 to £54,830
|Consideration is given to the risk of sympathetic ophthalmia.
|Multiple Laceration Scars Or One Disfiguring Scar
|£7,830 to £22,730
|These will affect the legs, arms, hands, back or chest.
|One Noticeable Scar Or Multiple Superficial Scars
|£2,370 to £7,830
|These will affect the legs, arms or hands and cause a minor cosmetic deficit.
Claiming Financial Losses In A Personal Injury Claim
Secondly, special damages compensate for the past and future financial losses incurred from your injury. This can include:
- Loss of earnings
- Travel expenses
- Medical costs
- Care costs
Evidence such as invoices, receipts, and payslips, can help prove any financial losses.
For more information on the compensation that could be awarded for saw injuries following a successful personal injury claim, please contact an advisor on the number above.
In order to make a personal injury claim for saw injuries sustained in an accident at work, you need to prove:
- Your employer owed a duty of care to you at the time and place of the accident.
- Your employer breached their duty of care.
- This breach caused your injury.
The duty of care for employers is set out in the central piece of workplace health and safety legislation, the Health and Safety at Work etc. Act 1974. It states they must make sure reasonable steps are taken to ensure the safety of employees within the workplace. Some of the steps they could take to uphold their duty include performing risk assessments on a regular basis, and addressing any hazards they find that pose a risk of injury, as well as providing adequate training and necessary personal protective equipment.
Additionally, The Provision and Use of Work Equipment Regulations 1998 places a duty of those who own, operate or have control over work equipment that is used by employees. They must ensure that any equipment provided for use at work is, for example safe and suitable for its intended purpose, used by employees who are trained to do so, and maintained and inspected regularly.
If your employer has failed to uphold their duty, and this caused you to sustain a saw injury at work, please call an advisor to discuss whether you could make a workplace accident claim.
According to the Health and Safety Executive (HSE), around two-thirds of all accidents occur on three types of machine with circular saws, or rip saws, being one of them. There are several ways you could experience harm when using a work saw. For example:
- Table saw injury – The blade guard on a table saw is not secured properly. The faulty blade guard flies off while an employee is operating it, causing them to sustain a traumatic amputation of their arm.
- Circular saw injuries – An employee is instructed to use a circular saw without any training or necessary PPE, such as safety goggles. As a result, the equipment is set up incorrectly, resulting in a piece of wood being ejected and striking the employee in the eye. This causes them to sustain a loss of sight in one eye.
- Cross-cut saw injury – There is no sign to warn an employee to avoid placing there hands in a certain area when operating this type of saw. As a result, the blade glides over their fingers and thumbs, causing them to sustain a serious hand injury when sawing.
Please note, not all instances of saw injuries being sustained at work will form the basis of a valid claim. As such, you may benefit from calling an advisor to discuss your specific case. They can provide further guidance on the eligibility criteria to help you understand whether you have valid grounds to seek personal injury compensation.
Evidence can help determine whether your employer breached their duty of care, and that this breach was the cause of your workplace injury. Possible evidence you can collect when claiming for saw injuries include:
- Video footage of the incident, such as from a CCTV.
- Photos of the sawing equipment and your injury.
- A diary showing your mental and physical state after the accident in which you were injured.
- Contact information from any potential witnesses.
- Medical records, such as copies of doctor’s notes, and scan images.
If you require assistance gathering evidence, call an advisor. After assessing whether you’re eligible to make a claim, they could connect you with a personal injury solicitor from our panel. A solicitor can then begin helping you gather evidence and building your case.
If you have a valid saw injuries claim, and you wish to instruct a solicitor to help you seek compensation, we could help. Our panel of solicitors could offer you a Conditional Fee Agreement (CFA). A CFA, a type of No Win No Fee agreement, is a contract between you and your solicitor which sets out terms such as:
- No fees to pay for the solicitor’s services at the beginning of your claim, while it progresses, or if it fails.
- A success fee is paid to your solicitor from your compensation. This is taken as a percentage but a legal cap does apply, ensuring you keep the majority of your settlement.
To find out whether you could claim for saw injuries with the assistance of a solicitor from our panel, you can get in touch with an advisor. To reach them, you can:
For more of our guides:
- Check how long you have to claim for an accident at work.
- Find out about claiming for a head injury after a workplace accident.
- Read about claiming minor accidents in the workplace.
For more external resources:
Thank you for reading our guide on claiming for saw injuries at work. If you have any other questions, please get in touch on the number above.
Article by AO