Case Type: Accident at Work *
Settled by: Elaine Hickey
Injury: Right hand blunt trauma, right thumb traumatic wound *
Incident: Sean sustained a work related injury on the 15/07/2016. He was working on a refrigeration unit as a general operative when the unit came off a jig and fell on his right hand. He was wearing protective hand gloves when the incident occurred to permit him to work with his thumb and index fingers however, the protective gloves he was wearing did not cover them. He had to get stitches and was out of work for 2 ½ days. Sean also was left with a scar approximately 2 ½ centimeters long. The scar is noticeable and visible from conversation distance. It can also be irritable and discomforting especially in cold weather. The position that the thumb is at is permanent and no further treatment was indicated.
Case Progression: The Personal Injuries Board decided it would not be appropriate to assess the claim as the respondent did not pay them for dealing with the claim. Proceedings were issued on the 20/07/2017.
Settlement: The Case was settled in the High Court on the 21/03/2018. Sean’s workplace failed in their duty of care to him by not providing a work station that was safe and without risk, where the components were not secured.
FREQUENTLY ASKED QUESTIONS
How Do I Start The Claims Process?+
The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Injuries Board for an assessment of your claim. You will be required to complete an Injuries Board Form A in order to start the claims process. Your solicitor can gather the relevant documents needed (medical reports, Gardaí reports etc.,) do this on your behalf.
How Long Do I Have To Make A Claim?+
Immediately following an accident, making a claim * may not be at the top of your agenda, focusing on your recovery is most important.
It is important to note that in Ireland there is a time limit in which you can make a personal injury claim *. This time limit is called the statute of limitations and states that a case must be started within two years from the date of the accident.
It is important to discuss your case with a solicitor as soon as possible after the accident, because any attempt to start a personal injury case * after the two-year mark may not be pursuable.
However, there are some exceptions to this two-year rule and the two-year time limit does not apply in the following scenarios where:
- The injured person was under the age of 18 (a minor) at the time of the accident – a parent or guardian bring a case forward on behalf of the child or alternatively the child can start the case when they turn 18. In this case, the two-year time limit will start when the child turns 18 years of age.
- A person did not know or could not have known that they were injured for some time after the accident.
- A person did not know or could not know who had injured them/who has caused the accident.
Once an application to the Injuries Board for assessment has been filed and a letter from the Injuries Board is issued to acknowledge your claim the clock stops of the two-year time limit and will restart as a soon as the case moves forward to court proceedings.
How Is Compensation Calculated?+
A compensation amount is calculated by taking into account the following aspects:
- Loss of wages, if absent from work due to injury
- Future loss of earnings, if absent from work for a long period of time
- Medical expenses resulting from the injury
- Future medical expenses resulting from the injury
- Out of pocket expenses
In order to calculate compensation for you, the Injuries Board will refer to the Book of Quantum. The Book of Quantum shows value ranges of compensation amounts that have been awarded to people for injuries to specific parts of their bodies. Each of the average compensation amounts found in the book is taken from real personal injury cases * (over 51,000 in total) from the years 2014-2015.