INJURY*

Skin Injury Claims*

Skin injuries* such as dermatitis, eczema and burns and scalds are a common occurrence and have affected a large percentage of people. These injuries can be sustained in any environment and can vary in severity from minor to severe and permanent injuries.

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Who is Liable?

Skin injuries can range from cuts and lacerations to more serious injuries such as psoriasis. Many of these injuries are sustained as a result of an accident but it is often the case the skin condition will develop over time.

An important part of this process is determining liability for the injuries which have been sustained. This will depend on the circumstances in which your injuries were sustained. Skin injuries can be sustained in any environment but are more commonly associated with accidents at work*. The most common way in which these injuries are sustained is through skin contact with a harmful substance or chemical. If it is the case that an injury has been sustained through work it is often the employer who is found liable for failing to ensure the health and safety of their employees throughout the course of their work. If these injuries are sustained in a public place it is likely that the owner or occupier of the premises will be seen as liable as they have a responsibility for the safety of visitors to the site. Once liability has been sustained you will be able to proceed to the next stage of the claims process.

Health and Safety in the Workplace

The health and safety of all employees should be a priority in the workplace. Employers have a responsibility for managing workplace activities which prioritises this. The Safety, Health and Welfare at Work Act 2005 is the main legislation in Ireland which provides for this. The Act outlines certain duties that both an employer and employee have to ensure that health and safety regulations in the workplace are followed.

Types of Skin Injuries

  • Cuts and lacerations
  • Scarring
  • Dermatitis

Also known as eczema, this injury is characterised by red and inflamed skin and rashes on certain parts of the body. Dermatitis can range in severity from mild and temporary injuries to more severe and longer lasting injuries. There are many different types of dermatitis with the most common being contact dermatitis. This is caused by direct contact of the skin with irritants and hazardous materials. These irritants often include cleaning products, oils, chemicals and solvents.

Psoriasis

This is a very common skin condition which speeds up the life cycle of the skin cells. This condition causes cells to build up more quickly on the surface of the skin. As there are now extra skin cells, this causes them to form red patches. This injury can last for longer periods of time but may flare up at certain times.

Burns and Scalds

Burns and scalds would be the most common skin injury and can be caused by fire, steam, electrical equipment and chemicals. In order to prevent these injuries from being sustained in the workplace, protective equipment should be worn at all times.

Cold Injuries

In some industries, employees are expected to work in very cold environments such as cold storage centres and freezers. Cold injuries can include hypothermia and frostbite which can create skin injuries over time. This can also lead to skin discolouration.

Causes of Skin Injuries

Lack of Protective Equipment

A leading cause of many injuries in the workplace* is a lack of personal protective equipment when engaging in dangerous practices at work . This equipment includes clothing, footwear, hats, glasses, gloves and facial protection. If this equipment is not worn the chances of an accident occurring will be higher. As contact dermatitis would be a common skin injury it is important that gloves and facial protection are worn to prevent the skin coming into contact with hazardous materials.

Working with Hot Equipment and Tools

A common cause of burns and scalds is working with hot tools and equipment. These injuries can be sustained in any environment and can also range in severity. Burn injuries can range from first degree to third degree burns based on the effect and damage which the injury has caused. These injuries can also be sustained from being in environments where there may be fires or steam. In order to prevent these accidents it is important that adequate protection is worn at all times.

Using Harmful Substances and Materials

Irritants can cause an injury to the skin to be sustained as a result of direct contact or overexposure. A common item which these substances can be found in is household cleaning products. Overexposure to the chemicals used in these products can lead to both injuries and illnesses. Direct contact with the skin can lead to injuries such as dermatitis and psoriasis. It is important that these products are used in a safe manner so as to avoid both accidents and injuries.

Duties of an Employer

  • Ensuring that the working environment is practical for the work that is to be carried out.
  • Providing adequate training and Personal Protective Equipment to all employees.
  • Ensuring there are regulations in place to help prevent workplace accidents.

Duties of an Employee

  • Co-operating with their employer in relation to following regulations.
  • Ensuring they attend all training that is provided to them by their employer.
  • Reporting any problems or defects which they come across throughout the course of their work.
  • Not acting in a negligent manner which may lead to an accident or injury.

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We use our expert knowledge and 30 years’ experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Call us today on +353 1 649 9900 or contact us online.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury* solicitor to help you with this.

  1. Prepare the information for a solicitor

    When you decide you want to move forward with your injury claim* it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • If any emergency services attended the scene, and their details
    • Details of your injuries
    • Hospitals/Doctors attended with your injury
    • Any pictures you may have taken of the scene of the accident and/or your injuries
    • Details of any witnesses
    • Is there CCTV that may have captured the accident?
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the injury claim* process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    The most important document needed to prove your injuries is your medial report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your injury claim* will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus of your recovery, as they focus on settling your case.

At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your car accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.

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Case Settlement

If you are to proceed with an injury claim* you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the injury*, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages

Material Damages

Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases* is that the person has two years from the date of the accident or date of knowledge of the accident* to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

+353 1 649 9900

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