SETTLEMENT REACHED FOR CLIENT INJURED IN PALLET ACCIDENT AT WORK *
Case Type: Accident at Work *
Settled by: Paul Tracey
Injury: Rib and Back Injuries *
Incident: Catherine injured herself in work * while she was using a hand pallet truck that moves stock. The pallet was brought in by a supplier which was stocked in the workplace. The pallet was jammed against a wall and when she went to pull it out with a pallet truck, the pallet truck slid out from under the pallet and fell backwards with her onto the ground. After falling, Catherine continued to work and finished her shift one hour later. She injured the left side of her chest, her left arm, her shoulder and her lower back. She returned home but could not get out of bed the next morning as she had injured all her left side. She needed physiotherapy on over 20 occasions due to the accident * and had also problems with day to day activities especially sleeping.
Case Progression: The Personal Injuries Assessment Board decided that it would not be appropriate to make an assessment because of the complexity off certain issues. Proceedings were issued on the 15/03/12.
Settlement: The case was settled in the High Court on the 12/03/2013. Catherine’s workplace has a duty of care towards their employees and the accident was not Catherine’s fault as the work conditions were not safe and negligence was proven.
FREQUENTLY ASKED QUESTIONS
What To Do After An Accident At Work?+
After an accident at work and before making a work related claim *, your first priority should be to seek medical attention. In minor workplace incidents whereby you have a slip, trip or fall, you may feel as though you are fine, but what you don’t realise is that the minor injury you have suffered could develop into a bigger health issue for you. Assessing your health after an accident is a critical first step.
Once you have had a medical assessment there are a number of steps you will follow:
1. Report the accident * to your superior
Before making work related claims * it is important that you notify your manager at work as to the accident that occurred. You need you to inform them of the injuries you suffered and the cause of the accident. It is advisable for you to seek confirmation from your superior that you have reported the accident, whether it is written or electronic.
2. Seek legal advice from a personal injury solicitor *
Once you have reported the accident, it is important that you seek advice from a personal injury solicitor * who has experience with accidents in the workplace. They can then talk you through the next steps as to what is involved when making work related claims *.
In the event that you do decide to take a personal injury * claim, you are not obliged to personally tell your employer. Your solicitor can write to your employer and notify them of the claim. Some of our clients have told us that they feel that it would be better for them to inform their employer that a claim was being made and that their solicitor would be in touch. This is a matter for each client. Generally, we would advise that all communications regarding the case take place between the legal representatives.
How to Report A Workplace Accident?+
It is important to immediately take the following steps after the occurrence of an accident at work.
- Report the accident immediately to your superior and ensure that an accident report is completed and you are given a copy of it.
- Seek medical attention immediately and ensure that your doctor or hospital personnel keep detailed records of the accident.
There are strict obligations on employers under the Health & Safety Acts together with other legislation to ensure that employees have a safe system of work and that employees are properly trained in the tasks that they are carrying out and that they are provided with proper equipment in the course of their employment.
Tracey Solicitors are available to provide you with expert advice and legal services.
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.