Work Injury Compensation?
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Work injury compensation cases in Ireland are quite common. As you would expect some industries, like Agriculture and Construction carry a much bigger burden of physical risk but workers are also at risk from mental illness caused by stress, harassment or workplace bullying.

In order for a worker’s compensation case to be valid, he or she must not be 100% responsible for the accident that caused them harm. In many cases the employee’s actions have contributed in some way to the incident. This is called contributory negligence and it is something that is taken into account when deciding upon the award settlement. For example, if the employee’s contributory negligence is said to be 30%, the eventual settlement will be reduced by 30%.

Can I claim work injury compensation if I was partly to blame?

This concept of contributory negligence is one that caused some concern to many victims of workplace injury. They may feel less justified in making a claim if they were partly responsible for their injuries but there are few things in life that are crystal clear.

If it makes you feel better, imagine this scenario.  You are working in a warehouse and are on your way back from a lunch break. You and a fellow worker are larking about. He playfully punches your shoulder and you bump against the warehouse shelves causing a heavy box to fall and break your shoulder.

After you get over thanking your lucky stars to still be alive are you going to blame

a) your colleague for pushing you against the shelves?
b) yourself for falling in that direction? or
c) your employer for not a safer storage system?

Undoubtedly, in law, your employer carries the major burden of blame in this case. Whether or not it was your fall against the shelves that caused the box to fall, the box was not secure.

Generally, work compensation lawyers are very happy to hear from claimants that are so open and honest about their contributory negligence. With nothing to hide in court, you have nothing to fear.  An unprepared claimant who has the smallest factor of contributory negligence can be painted as careless or reckless by insurance company lawyers whose jobs rely on their skill at reducing your compensation.

Call our our free advice line onto contact a claims solicitor directly. He or she will listen to your case and let you know how, in his experience, how the case might be go.

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The Work Injury Compensation Procedure

No amount of compensation money can ever reimburse you for a life of pain or disability. In 2007, the case of Edward Martin was heard in High Court. Mr. Martin had sustained a work injury in 1995 and ever since had suffered from low grade back pain. It was not until 2001 that the cause of this pain was shown to be a central disc prolapse most likely cause by the earlier workplace accident.

Mr. Martin had suffered for years with undiagnosed pain as the result of a workplace injury but his delay in making the claim rendered it unlikely to succeed.

In all cases, your first step in bringing a successful work compensation claim is to seek medical treatment. In the first instance, it may be a requirement of your employer that you visit the corporate doctor. Even if this is the case, make an appointment with your local GP who knows your state of general health and can track the development of delayed injury.

Do I Need an Injury Compensation Claim Lawyer?

Strictly speaking you are not required to hire a work injury claims solicitor. In Ireland, the Injuries Board are tasked to assess all personal injury cases.  You could choose to send them the details of your case and to trust in them making a fair settlement. However, although you may not need a claims solicitor, as with 90% of claimants you are advised to have one.

When you take a case against your employer, it not the company you work for that will foot the bill but the insurance company that covers your employer’s company. One reason for the high cost of company insurance is the high cost of slick insurance company lawyers.

There is an old saying about fighting fire with fire and this is never truer than in injury claims cases in which innocent parties who have been injured through no fault of their own can end up in court fighting for their rights against a well-paid and experienced insurance company lawyers.

As far as the insurance company lawyer is concerned, his (or her) life does not swing on the balance of your settlement. His next bonus or career advancement may relate to how well he can reduce your claim, but basically he is not seeing you as a person with a legitimate axe to grind.

A claims solicitor on the other hand, spends his or her working life, fighting for the rights of those who might otherwise be brushed aside.

Right now, the easiest next step is to call our advice line on

If you cannot speak to us now, simply fill in the contact form above to request a call from us at any time that is convenient for you.

 

Regulations in the Republic of Ireland state that in contentious business,
a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.