How to Claim Compensation for Ligament Injury at Work
This article outlines some of the reasons why you might – or might not – qualify for compensation for ligament injury at work and contains some helpful information on the aftermath of damaging a ligament in an accident at work to support a work damaged ligament claim for compensation.
A brief explanation of how to claim for injured ligament at work is also included; however, as no two claims for ligament injuries in the workplace are ever exactly the same, it is always in your best interests to discuss the specific circumstances of your work injury with a solicitor at the first moment possible.
Your top priority should always be your health and, if you have not already done so, you should seek professional medical treatment for your injured ligament as soon as possible. No amount of work damaged ligament compensation will ever make up for a long term health issue which could have been prevented by appropriate medical attention and, to support your claim, you will need a doctor to complete the Injuries Board Medical Assessment Form B.
Claims for Ligament Injuries in the Workplace and the Duty of Care of Employers
In order to qualify for compensation for ligament injury at work, you must have sustained an injury which could have been prevented had your employer – or other person with responsibility for your health and safety – fulfilled his or her duty of care to provide you with safe surroundings in which to work.
An employer´s “duty of care” covers all his or her responsibilities to prevent injuries occurring in the workplace wherever possible, and would include performing risk assessments to identify foreseeable hazards, providing training and supervision, and supplying personal protective equipment where necessary to eliminate the risk of an employee injuring a ligament at work.
Should an employer fail in their duty of care to eliminate the risk of an injury, and you subsequently sustain an injured ligament as a result, you should be entitled to make a work damaged ligament claim for compensation. An employer´s duty of care is not, however, “absolute” and, if you break your in an accident at work which could not have been foreseen, claims for ligament injuries in the workplace are unlikely to be successful.
How Your Employment Status May Affect a Claim for Injured Ligament at Work
It is not often that your employment status will affect your right to claim for injured ligament at work, but there may be times when agency workers, employees on short-term contracts or self-employed workers may have to make a claim against somebody other than their direct employer – for example the owner of the premises on which the injury was sustained.
Possibly of more concern if you have been injured in an accident at work is the fact that you want to avoided conflict with your employer but, because of financial necessity, you need to make a claim against their employer´s liability insurance policy. Most employers will be genuinely regretful that you have sustained an injury at work due to their lack of care and will admit their liability; however, there are certain circumstances in which an employer will want to protect their insurance policy excess and dispute your work damaged ligament compensation claim.
Reporting Injured Ligament Work Accidents
It is important that your work accident is documented in your employer´s “Accident Report Book”. Although a copy of this report is not sent to the Injuries Board when applying for an assessment of compensation for ligament injury at work, reporting an accident at work may initiate a Health and Safety Authority (HSA) investigation which could prove your employer´s liability in your claim.
If liability can be determined before making claims for ligament injuries in the workplace, it should speed up the Injuries Board process or may enable a solicitor acting on your behalf to negotiate a settlement of work damaged ligament compensation without the need for witness statements or photographic evidence of your employer´s negligence.
If your injury is so severe that you are unable to file details of your work accident – or your employer fails to give you access to the Accident Report Book – you should speak with a solicitor immediately. Work accidents can be reported online at the HSA web site, but you will need an approval code to use the service and it would make more sense for a solicitor to generate a report on your behalf and then use it in support of a work damaged ligament claim for compensation.
Contributory Negligence and Claims for Ligament Injuries in the Workplace
One of the reasons why consent to assess your claim for injured ligament at work may be withheld from the Injuries Board is if you are considered to have been partially to blame for the cause of the accident at work or the extent of your injury. The Injuries Board will only assess claims for ligament injuries in the workplace in which total liability is admitted and, if you have contributed to your injury, the Injuries Board will have no option but to issue you with an authorisation to pursue your work damaged ligament claim for compensation in court.
Court action may be a last resort when making a claim, as it may also be possible to negotiate a settlement with your employer´s liability insurers where you accept a percentage responsibility for your injury and that percentage is then deducted from the amount of compensation for ligament injury at work your claim for injured ligament at work is settled for. Negotiating the value of work damaged ligament compensation directly with an insurance company is not recommended without legal representation.
One element of contributory negligence which is sometimes overlooked is if you contributed to the extent of your injury by failing to be treated by a medical professional. Some people who sustain ligament injuries at work foolishly attempt to work through the pain – exacerbating their injury and jeopardising their entitlement to compensation for ligament injury at work. If this has happened to you, you should speak with a solicitor about whether you still have a viable claim for injured ligament at work.
Unsolicited Compensation Offers from Insurance Companies
If you receive a direct approach from insurance company with an unsolicited offer of work damaged ligament compensation you should always speak with a solicitor. Insurance companies are often made aware work accidents when a report is made in the employer´s “Accident Report Book”, and may make an approach even before you have considered making claims for ligament injuries in the workplace.
The purpose of the insurance company´s approach is to reduce the amount of compensation for ligament injury at work they will have to pay you and, by tempting plaintiffs with an offer which would result in a rapid settlement, they are successful enough times to keep on trying these approaches. Even if you are apprehensive about your short-term finances, you should refrain from accepting an unsolicited offer of compensation from an insurance company until you have discussed your claim for injured ligament at work with a solicitor.
By their approach, the insurance company has effectively admitted your employer´s liability for your injury, and your solicitor will be able to commence direct negotiations with the insurance company to obtain a full and satisfactory settlement of your work damaged ligament claim for compensation – organising interim payments until the claim is resolved if necessary.
Do I Need a Solicitor?
Although you do not need a solicitor’s assistance in order to make claims for ligament injuries in the workplace, it is often in your best interests to do so. Along with acting as a go-between between yourself and your employer, and handling any complications that arise while making a claim for injured ligament at work, a solicitor has the experience to ensure you obtain your full entitlement to work damaged ligament compensation – whether your claim is resolved via the Injuries Board, by negotiation with your employer´s insurers or through court action.
Most solicitors will offer a free evaluation of your work damaged ligament claim for compensation if you have sustained an injury in work accident for which you were not entirely responsible for and can provide you with answers to any questions you may have regarding your eligibility to claim compensation for ligament injury at work. As it is often in your best interest to have evidence gathered to support your claim for injured ligament at work while it is still fresh, it is recommended that you speak with a solicitor about the circumstances of your injured ligament in a work accident without delay.