Toe Impairments

Toe Impairments

The impairments to the toes which were compensable under the 1971 Act, and the applicable percentages of the maximum statutory rate, were set out in s 39(4):

Note that certain losses affecting the toes are covered under other descriptions:

• Loss of a foot:  “Leg and Foot Impairments”.

Loss includes total loss of efficient use

Loss of a toe includes the total loss of the efficient use of the toe (LOEU) because of the effect of s 39(12) of the 1971 Act which states:

39(12)A reference in this section to the loss by an employee of a specific part of the body shall be read as including a reference to-

(a)the total loss of the efficient use of that part of the body; and

(b)the total loss of the efficient use of that part of the body for the purposes of his employment immediately before the injury that resulted in the loss.

Compensation is payable only in respect of the major loss

Where a loss of a part of the body specified in the Table of Losses in s 39(4) includes the loss of a lesser part, compensation is payable only in respect of the major loss, eg. a member who has suffered a loss of a foot is paid for that loss and is not additionally compensated for loss of a great toe, etc.

None of the above

If the impairment does not answer one of the general descriptions in the question, “None of the above” should be selected with the result that lump-sum compensation will not be payable to the claimant.

To check whether an impairment is covered by some description of loss other than “Toe Impairments”, return to the previous streaming screen by selecting the “Back” button.