Crush accidents most often occur in work accidents, particularly for those who work with dangerous or heavy machinery or vehicles. These can also occur outside of the workplace as a result of the negligence of another party.
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The severity of crush injuries and accidents can vary from minor injuries that may leave you unable to return to work for a few days/weeks to more serious injuries that may mean you cannot return to work, have to change your job and/or your quality of life is affected as a result. Regardless of which end of the spectrum you fall, there may be a legal route for you. If you have been involved in a crush injury it is critical to report the event once in a medically stable condition. If you have any queries or are uncertain about your situation contact our injury solicitors to tell us about your case and find out more about this subject.
Crush injuries can occur both at the workplace and in public. A person can sustain an injury as a result of being in a large crowd that is not properly controlled or protected by the relevant authorities. Such an example of this has been seen at music concerts and football stadiums.
The use of heavy machinery either at home or at work poses a significant threat to a persons’ health if inappropriately used. Those operating machinery in the workplace must be provided with (by their employer) relevant training, or have the relevant experience before operating the machinery. It is essential to have a firm level of training and understanding of the machine prior to use. Safety features such as guards and personal protective equipment (PPE) must also be provided by the employer. Failure to provide these safety measures may lead to injury and liability on the part of the employer.
This is the most common cause of crush injuries. A person traps their fingers in the door resulting in severe pain. Doorway crushes can occur in public places where the door may be faulty or needs refurbishing. If the owner of a public place, like a restaurant, allows the use of an unsafe door they may be held liable for damages. The same can be said for an employer, if they have not provided a safe environment for their employees, they may also be held liable for the injury.
Due to the high level of force when two vehicles collide it creates excess pressure on the body, often resulting in crush injuries. This form of road accident can also happen in a different capacity, such as a pedestrian accident.
Sports players take the risk of serious injury when entering the field of sport. Although this is unlikely it can occur in seldom cases. It may be worthwhile checking what areas your insurance covers you when playing a sport.
The human hand is made up of a number of different bones. Within each finger, there are three bones – the proximal, intermediate and distal phalanges. Damage to these can be repaired but it is likely not to recover to the mobility it once had.
These soft tissues allow your hand to grasp and release. Any damage to them can result in loss of movement which can be permanent.
The nerves placed inside the hand allow a person to have their sense of touch. If these nerves are damaged the sense of touch can be reduced.
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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.
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:
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.
The most important document needed to prove your injuries is your medical 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.
As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your 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 to 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.
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 on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, 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 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.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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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 are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
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 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.
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 LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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