Work injury claims
Introduction to personal injury compensation claims Ireland : There are many different reasons why an individual may be entitled to claim personal injury compensation. They could be an injured driver or passenger in a road traffic accident, a person who sustains an injury at work or somebody who slips on a wet surface in a shop and sustains an injury as they fall. In all these cases, two conditions have to be fulfilled in order for a personal injury compensation claim to be successful — the victim must have sustained some form of injury and there must be a negligent party whose lack of care was responsible for the injury.
Often accident victims are unaware of how much compensation can be claimed as special damages, and as a result the personal injury compensation amounts that are recovered could be lower when legal advice has not been sought. A solicitor will ensure that all costs and expenses — including future costs if known — are included on your claim form under special damages. A solicitor will also arrange for your injuries to be thoroughly assessed by specialist doctors. This is important as your claim must be accompanied by a medical assessment form (Claim Form B). If your medical assessment form does not contain details of all aspects of your injuries – including minor injuries such as cuts and bruises — you will not be able to recover your full entitlement to compensation.
As laid out in the Courts and Civil Liability Act 2000, the Statute of Limitations in Ireland for personal injuries is the timeframe in which an injured party can order legal proceedings against the criminal or negligent party. Those potential plaintiffs, according to the most recent amendment of the Statute of Limitations Ireland Act (2004), must initiate a claim for compensation within two years of the date of knowledge of their injuries. However, there are numerous exceptions to this rule – for example, claims involving medical negligence or children do not adhere to this two-year regulation. See extra details at Compensation amounts in Ireland.
Once adequate time has been provided by the claimant to their solicitor to initiate legal proceedings, the Statute of Limitations should not affect one’s entitlement to compensation. There are, however, some crucial dates involved in the calculation of the Statute of Limitations for personal injuries in Ireland.
The aforementioned example – where a driver was assigned contributory negligence for failing to observe safety laws and wear a seatbelt – is perhaps the most common instance in Ireland where the claimant is assigned a portion of the liability. However, there are many other such instances that would lead to a reduction in compensation for the injured party. These include, though are certainly not limited to, the following: accidents as a result of a failed brake light; work accidents where the employee have not engaged in adequate preventative measures (such as wearing protective equipment supplied by their employer) and exacerbating an injury as the result of an accident by failing to seek prompt medical help. See extra info at http://www.personal-injury-ireland.com/.
Perhaps understandably, many people who have been injured whilst at work are hesitant to claim compensation lest it lead to unemployment, lack of job security or strained workplace relations. Ireland has established laws that protect employees from dismissal in such circumstances, though this can sometimes do mediate the worries of a confrontation in the workplace. Additionally, though many employers will be compassionate to a degree and be concerned that someone has been injured whilst in their employ, they may be reluctant to allow any subsequent safety checks. Some victims may be concerned that they will bankrupt their employer or cause a pay-cut for other employees. However, should a claim result in a settlement, it will be paid by the employer’s public liability insurers, not the employer themselves.
The first priority is always health and safety: ensuring that anyone injured in the accident receives prompt medical attention is more important than anything else in the immediate aftermath of a car accident. Even if the injuries do not warrant an ambulance, it is still highly advisable to visit an accident and emergency department or other medical center for an examination. This serves a dual purpose: it both mitigates any lasting damage and, as such, helps to prevent chronic illnesses, but it also increases the likelihood of recovering compensation. If there is a large gap between the date of the accident and the date on which you sought medical attention, this could cause a huge decrease in the amount of compensation you can receive. It could be contested that the injuries were caused by an intervening event, or that the damages that occurred would not have come about had immediate medical attention been sought. Read more details at http://www.personal-injury-ireland.com/work-injury-claims-ireland/.