Claim for the Loss of Toes in an Accident

Can a person claim for the loss of toes in an accident? I recently lost two toes while working as a part-time gardener during the summer. Since then I have experienced considerable difficulty walking correctly and although I have since began working at a desk job, it feels as if my injury is no less debilitating. Am I entitled to claim for compensation?

You may be entitled to claim for the loss of toes in an accident provided you can prove that the accident in which the injury occurred was the fault of your former employer. Gardening is not typically a dangerous profession and although gardeners occasionally work with heavy machinery, serious accidents such as yours are rare.

In order to be able to prove that your employer was at fault for your accident you must be able produce a medical report detailing the nature and cause of your injuries – this would have been issued to you during your visit to hospital in the aftermath of the accident. Photographic evidence of your injury, the scene of the accident and the piece of machinery which caused it may also help your case, as might witness statements from any of your former co-workers who were present at the time of the accident or who had used the unsafe piece of machinery before you. Although it is unlikely that CCTV evidence of the accident is available given the location of the accident, footage of the event may be useful if it can be obtained.

You mentioned in your question that your injury is still as debilitating as it was when it was suffered – your claim for the loss of toes in an accident can reflect your suffering. Aside the possibility of being compensated for the pain and suffering caused by your experience, you may also be able to claim compensation for the loss of amenity – the inability to perform everyday tasks and participate in social events – you have been suffering since your accident. You may also be able to claim for any lost earnings – assuming you did not return to gardening immediately after your injury, and for any alternative transport costs or home alterations you needed.

In order to learn more about your entitlement to compensation and how much you could receive for your claim for the loss of toes in an accident, speak with a qualified personal injury claims solicitor at the first possible opportunity.



This is an Information site only – if you feel you have a potential claim, you should discuss your situation with a solicitor registered with the Law Society of Ireland.