How to Claim Compensation for Lifting Injury at Work
This article explains some of the reasons why you might – or might not – qualify for compensation for lifting injury at work and the procedures you should follow after suffering a lifting related injury in an accident at work to support a work lifting injury compensation claim.
A brief explanation of how to claim for injury from lifting at work is also included; however, as all claims for lifting injuries in the workplace are unique, it is always in your best interests to discuss the specific circumstances of your work injury with a solicitor at the earliest practical opportunity.
Your first priority should always be your health and, if you have not already done so, you should seek professional medical treatment for lifting injury. No amount of workplace injured while lifting compensation will ever make up for a long term health problem which could have been avoided by immediate medical attention and, to support your claim for injury from lifting at work, you will need a doctor to complete the Injuries Board Medical Assessment Form B.
Claims for Lifting Injuries in the Workplace and the Duty of Care of Employers
In order to qualify to claim compensation for lifting injury at work, you must have sustained a lifting injury which could have been prevented had your employer – or other person with responsibility for your health and safety – adhered to his or her duty of care to provide you with a safe environment in which to work.
An employer´s “duty of care” covers all his or her obligations to prevent workplace injuries 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 sustaining an injury related to lifting.
Should an employer breach their duty of care to eliminate the risk of an injury, and you subsequently sustain a lifting injury as a result, you should be entitled to make a work lifting injury compensation claim. It should be noted, however, that an employer´s duty of care is not “absolute” and, if you are injured in a lifting accident at work which could not have been foreseen, claims for lifting injuries in the workplace are unlikely to be successful.
How Your Employment Status May Affect a Claim for Injury from Lifting at Work
It is not often that your employment status will affect your entitlement to claim for injury from lifting at work, but there may be instances when agency workers, employees on short-term contracts or self-employed workers may have to make a claim for injury from lifting at work against somebody other than their direct employer – for example the owner of the premises on which the injury from lifting was sustained.
Possibly of more concern if you have been injured in a lifting accident at work is the fact that you do not want to fall out with your employer but, because of financial necessity, you need to make a claim for injury from lifting at work against their employer´s liability insurance policy. Most employers will be genuinely upset that you have sustained an injury from lifting at work due to their negligence and will admit their liability; but there are some occasions in which an employer will want to protect their insurance policy excess and dispute your workplace injured while lifting compensation claim.
Contributory Negligence and Work Lifting Accidents
One of the reasons why consent to assess your claim for injury from lifting at work may be withheld from the Injuries Board is if you are considered to have been partly responsible for the cause of the lifting accident at work or the extent or severity of your injury. The Injuries Board will only assess claims for lifting injuries in the workplace in which total liability is admitted and, if you have contributed to your lifting-related injury, the Injuries Board will have no option but to issue you with an authorisation to pursue your work lifting injury compensation claim in court.
Court action may be a last resort when making a claim for injury from lifting at work, as it may also be possible to negotiate a settlement with your employer´s liability insurers where you accept a percentage responsibility for your workplace injury and that percentage is then deducted from how much compensation for lifting injury at work your claim is settled for. Please bear in mind, however, that negotiating the value of workplace injured while lifting compensation directly with an insurance company is not a good idea without legal representation.
One element of contributory negligence which is sometimes overlooked is if you contributed to the extent of your lifting injury by failing to seek timely professional medical attention. Some people who are injured at work foolishly attempt to work through the pain – exacerbating their injury and jeopardising their entitlement to compensation for lifting injury at work. If this has happened to you, you should speak with a solicitor about whether you still have a claim for injury from lifting at work which is worth your while to pursue.
How the Statute of Limitations Affects Work Lifting Injury Compensation claim
There is a limitation period of two years set by The Courts and Civil Liability Act 2004 for making claims for lifting injuries in the workplace from the “Date of Knowledge” on which the injury is diagnosed. There are very few circumstances in which a plaintiff would be unaware that they have been badly injured in an accident at work and therefore the two year limitation period for making a work lifting injury compensation claim would usually start on the day of your accident.
Two years may seem ample time in which to submit a claim for injury from lifting at work to the Injuries Board for assessment; however, if liability for your injury is denied, or you are waiting for the results of an HSA investigation to confirm your employer´s liability in a claim for injury from lifting at work, the time can slip quickly by.
If the full extent of your lifting injury is not known, or due to complications it is taking more time than expected to recover from your work accident injuries and impossible to calculate how much workplace injured while lifting compensation you are entitled to, it is possible to “stop the clock” on your claim for compensation for lifting injury at work. You will need the agreement of your employer´s insurance company to do this – assuming your employer has admitted liability – and this is something which is once again best done by engaging a personal injury solicitor.
Always Ask for Legal Advice
Despite the fact that you do not need a solicitor in order to make claims for lifting injuries in the workplace, you would be well advised to do so. In addition to acting as a go-between between yourself and your employer, and dealing with any complications that arise while making a claim for injury from lifting at work, a solicitor has the experience to ensure you receive your full entitlement to workplace injured while lifting compensation – whether your claim for injury from lifting at work is resolved via the Injuries Board, by negotiation with your employer´s insurers or through court action.
Most solicitors will offer an assessment of your work lifting injury compensation claim without charge if you have sustained a workplace injury for which you were not entirely responsible for, and provide you with answers to any questions you may have in regard to your eligibility to claim compensation for lifting injury at work. As it is often in your best interest to have evidence collected in support of your claim for injury from lifting at work while it is still fresh, it is recommended that you speak with a solicitor about the circumstances of your lifting injury in an accident at work without delay.