Dear Claudine,

I had an accident at work six weeks ago when shelving collapsed in the stores area of the workshop. The shelving unit, which contained a large amount of supply products, fell on me cutting my leg and causing me a lot of back and shoulder pain. My leg required stitches. A work colleague brought me to the local Hospital where I had to get four stitches to my leg and I also had x-rays carried out. I am in a lot of pain since the accident, more particularly in my back area. I have not been back to work since the accident and my Doctor is not happy with my recovery. I have never been involved in an accident before and I have no idea what is involved. I would appreciate your advice.

Thank you.

Paddy

Dear Paddy,

Thank you very much for your letter and I can only appreciate the significant impact what this accident has had on your health and well-being and I sincerely hope that in time you will go on to make a full recovery. From your letter, it certainly appears that you have a claim for Personal Injuries against your employers for their failure to supply a safe place of work, and safe equipment, amongst others. Generally, you have only two years from the date of the accident within which to make a claim, though this may be extended in exceptional circumstances. All personal injury claims must be submitted to the Injuries Board. In order to submit an Application to the Injuries Board, a medical report will have to be obtained from the Hospital detailing your injuries. Your claim will be against your employers. Generally, the Injuries Board will make an Assessment of compensation within nine months of the date it receives your employers consent. The Injuries Board also calculates the amount of out of pocket expenses incurred by you, such as any loss of earnings which you may be incurring, Hospital expenses, Doctor’s expenses, Physiotherapy expenses and Prescription expenses incurred by you, together with any reasonable expenses that you have incurred as a direct result of having to make an Application to the Injuries Board such as the cost of your Application and medical report fee. The Injuries Board may decide not to assess your case if they believe that it would be inappropriate to do so, due to the complexity of your Injuries. Alternatively, your employer (the Respondent) and you may also object to the Injuries Board assessing the case, and in such circumstances, the Injuries Board may issue an Authorisation, authorising you to proceed with your claim through the Courts. It is prudent to instruct a Solicitor to act on your behalf in personal injuries actions. Also, if the Injuries Board issues an Authorisation, then Legal Proceedings must be issued within six months of the date of the issue of the Authorisation or within two years from the date of the accident, whichever is the later. The medical report from your Hospital should clearly identify all of your injuries in order for your Solicitor to advise you in relation to the amount of compensation which would generally be payable and if an Authorisation issues, for your Solicitor to decide which Court Jurisdiction is appropriate for your case in light of the injuries which you have sustained.
I hope that the above is of assistance to you, and if I can clarify anything further for you, then please do not hesitate to contact me.

With Every Good Wish

Claudine