As personal injury lawyers, we often deal with finger injuries that result from work or transport accidents in Victoria. In order to pursue Common Law damages for injuries resulting from work or a transport accident in Victoria, you need to establish that you have suffered a ‘serious injury’.
The relevant legislation provides four classes of serious injury. For finger injuries, these can be assessed under ‘permanent serious impairment or loss of a body function’ (or ‘serious long-term impairment or loss of a body function’ for transport accidents, but functionally the same for this article) and ‘permanent serious disfigurement’. In this article, I will explore the first categorisation outlined above.
Finger injuries are regularly seen in the form of scarring, amputations and permanent displacement which can impact dexterity, grip strength, range of movement and the ability to form a closed fist.
Types of serious finger injuries
There are many different ways individuals can suffer finger injuries. The most common types we see relate to the following:
- Crush injuries involving machinery or vehicles.
- Cuts and amputations from operating saws or knives.
- Lacerations from sharp objects such as recycled aluminium.
- De-gloving injuries from fingers being drawn into machines and transport accidents.
Can I claim compensation for a finger injury?
Yes, you can claim compensation for a finger injury. A WorkCover or TAC claim can be lodged for finger injuries sustained at work or in transport accidents respectively. With an accepted claim, you would be entitled to reasonable medical and like expenses to be paid and access to a period of supplementary income in the event that the injury precluded you from working your ordinary duties or hours.
Depending on the severity of the injury and the on-going consequences, an individual may also be able to access lump sum compensation for a finger injury.
Finger Injury Cases
Over the past three years, the Courts have attempted to grapple with when these finger injuries constitute a serious injury. The pre-eminent case is that of TTB SMS Pty Ltd -v- Reading [2020] VSCA 203 (‘Reading‘).
Mr Reading was a worker who was attempting to establish that his work injury was a serious long-term impairment or loss of a body function. He was injured on 4 September 2007 when he was struck by a metal plate on his right hand whilst working as a spray painter. This resulted in him fracturing his little finger and dislocating his middle finger. He underwent surgery on his little finger and returned to work after four days. He struggled to keep up the manual duties of a spray painter, so he found alternative employment. He later returned to spray painting and developed expertise using his non-dominant left hand. He would later become a Leading Hand taking on a more supervisory role. At the time of his hearing, he reported on-going symptoms with both his little finger and his ring finger.
WorkSafe denied his application for a serious injury certificate. Mr Reading went to the County Court of Victoria and was granted a certificate. This decision was appealed by the employer to the Supreme Court of Victoria – Court of Appeal. The worker was unsuccessful on appeal, and he was denied a serious injury certificate and could not pursue his claim for Common Law damages.
What flowed from Reading has been a number of other decisions that have used this case as a touchstone. The most significant of these is the decision of Williams v Giosante Pty Ltd [2023] VCC 440 (‘Williams‘).
Williams is an interesting decision as it almost codifies an indicia to be considered in cases relating to permanent serious impairment or loss of a body function for fingers. Whilst the Court was at pains to point out that these criteria are merely a guide and that “each application must be assessed according to their own strengths and weaknesses”, Williams was the third case in close succession to be determined along common principles.
In Williams, the Court makes reference to the following indicia:
- Age;
- Fingers affected;
- Effect on work/employment;
- Pain/other effects;
- Current treatment;
- Medication;
- Personal care;
- Dressing/self-grooming;
- Sporting/recreational;
In relation to age, the Court advised it was relevant to have some regard to the potentially long years of suffering of a young plaintiff, whilst on the other hand an older plaintiff should not be penalised.
For the criteria of ‘fingers affected’, they compare Mr William’s injuries to those of Mr Reading and two other cases. Conclusions are drawn on the number of fingers and also the extent of the effect of the injuries, including the number of surgeries performed.
Effect on work looks at how the injury has impacted the individuals to undertake their pre-injury duties, including whether they have been able to resume this work or had to change careers.
Pain and other effects explore the reporting of discomfort and pain, the frequency that this occurs, and the disfigurement sustained to the finger(s). Changes such as clawing, shortening, loss of strength and reduced fine movement are considered here.
Current treatment and medication are self-explanatory: they look at what medical intervention remains at the date of the application and whether medication is still being taken.
Personal care and dressing/self-grooming investigate what limitations are caused by the injury to activities like holding a toothbrush, cleaning after toileting, writing, grabbing an item out of a pocket or tying shoelaces.
‘Sporting/recreational’ looks at how the individual’s extracurricular interests are impacted by the injury. Whether a sport, hobby or pursuit has been ceased, restricted or modified, is given weight here.
The four cases assessed using the principles in Reading have been unsuccessful to date in establishing that the finger injury was a permanent serious impairment or loss of a body function.
The Takeaway
What we can learn from Readings and Williams is that the Courts are taking a cautious approach to granting a serious injury certificate in finger injury cases. Therefore, it is critical that you obtain expert advice should you have suffered a finger injury like those explored in this article so you can be informed as to your prospects of succeeding.
How much compensation do you get for finger injuries?
The amount of compensation for a finger injury is dependent on the severity of the consequences. As the range of consequences can vary based on the type of injury, it is best to seek advice from a personal injury expert as to your prospects and potential range of compensation.
How to make a finger injury compensation claim
If you suffer a finger injury in the course of work or in a transport accident, the best starting point is to speak to a personal injury lawyer about lodging a claim for compensation and discuss your prospects of pursuing a lump sum.
The accredited specialists at Maxiom are happy to speak with you should you have a finger injury from work or a transport accident and you want to explore potential lump sum claims.
