Compensation for a Back Injury at Work

Do I need to use a personal injury solicitor to claim compensation for a back injury at work, or should I just send an application to the Injuries Board for an assessment?

It is not always necessary to use a solicitor to claim compensation for a back injury at work, although in the majority of cases it is strongly advisable. You should certainly at least speak with a personal injury solicitor about making a claim for a back injury in an accident at work before sending your claims forms to the Injuries Board.

Most personal injury solicitors offer a free initial consultation to assess tour eligibility to take legal action and will provide a preliminary assessment of the damages that can be recovered. This information is provided without obligation or commitment, and it would be ill-advisable to proceed with a claim without first having your case assessed. There are charges associated with making an Injuries Board claim, and these can be avoided if you are not in fact eligible to claim compensation under the circumstances.

The Injuries Board was created to make the process of claiming personal injury compensation more straightforward, and one of its aims is to allow personal injury claims to be made without the need to use a personal injury solicitor. However, the majority of accident victims choose to use a personal injury solicitor when taking legal action against a negligent employer, even though it is no longer strictly necessary.

The Injuries Board is only responsible for resolving approximately a third of claims, with the remaining two thirds settled by the courts or through direct negotiation with the negligent third party’s insurance company. The advice and assistance provided by a personal injury solicitor with insurance company negotiations and litigation through the courts can be invaluable, and it can make an important difference to the outcome a claim for a work-related back injury.

Even when liability for an accident and injury is accepted by an employer, there are still benefits to receiving legal assistance with an Injuries Board claim for compensation for a back injury at work. If mistakes are made on the claim form, this has potential to delay the assessment of the case. A solicitor will ensure your injuries are accurately recorded on the claims forms to make sure all aspects of your back injury in an accident at work are considered by the Injuries Board claims assessors.

It is also important that the accident is accurately described on the claim form, and there is limited space for the accident description. The claim form will be sent to the negligent third party’s insurance company, who will look for opportunities to discredit your claim for a work-related back injury. When a solicitor provides assistance with the completion of the claims forms, you can be sure the accident will be described accurately and concisely, and all relevant legal points are included. This can improve the likelihood of the insurance company consenting to an Injuries Board assessment.

Assistance from a personal injury solicitor is not necessary, but it can help to ensure that you recover an appropriate level of damages and any stress from taking legal action is kept to the minimal possible level.



This is an Information site only – if you feel you have a potential claim, you should discuss your situation with a solicitor registered with the Law Society of Ireland.