Injury Compensation for Electric Shock at Work

How to Claim Injury Compensation for Electric Shock at Work

In this article is an explanation of some of the reasons why you might – or might not – qualify for injury compensation for electric shock at work and the procedures you should follow after sustaining an electric shock in an accident at work to support a work electric shock claim for compensation.

A brief explanation of how to make claims for electric shock injuries is also included; however, as all claims for electric shock injuries 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 your electric shock injury. No amount of work electric shock compensation will ever make up for a long term health issue which could have been avoided by prompt medical attention and, to support your claim for suffering an electric shock at work, you will need a doctor to complete the Injuries Board Medical Assessment Form B.

Claims for Electric Shock Injuries and the Duty of Care of Employers

In order to be eligible to claim injury compensation for electric shock at work , you must have sustained an electric shock 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 a safe environment in which to work.

An employer´s “duty of care” covers all his or her responsibilities to prevent injuries from electric shocks 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 suffering an electric shock in the workplace.

Should you sustain an electric shock injury as a result of an employer failing in their duty of care to eliminate the risk of an injury, you should be entitled to make a work electric shock claim for compensation. You should bear in mind, however, that an employer´s duty of care is not “absolute” and, if you suffer an electric shock in an accident at work which could not have been foreseen, claims are unlikely to be successful.

How Your Employment Status May Affect a Claim for Suffering an Electric Shock at Work

It is not often that your employment status will affect your entitlement to a work electric shock claim for compensation, but there may be occasions when agency workers, employees on short-term contracts or self-employed workers may have to make a claim for suffering an electric shock at work 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 suffered an electric shock in an accident at work is the fact that you do not want to argue with your employer but, because of financial necessity, you need to make a claim for suffering an electric shock at work against their employer´s liability insurance policy. Most employers will be sincerely regretful that you have sustained an electric shock at work due to their negligence and will admit their liability; but there are some circumstances in which an employer will want to protect their insurance policy excess and dispute your work electric shock compensation claim.

Procedures for Claiming Work Electric Shock Compensation

The most commonly used procedure for claiming work electric shock compensation is to submit an application for assessment to the Injuries Board Ireland, which can be completed on a paper form or online, but must be submitted with a medical practitioner´s report detailing your injury. Receipts for any expenses you have incurred which are directly attributable to the accident at work in which you suffered an electric shock should also be attached to your application.

The Injuries Board´s role is only to assess the amount of injury compensation for electric shock at work you are entitled to, and not to prove liability for your injury. Therefore, the Injuries Board will write to your employer asking for consent to proceed with an assessment of your work electric shock claim for compensation, and only continue once that consent has been received – effectively when your employer has admitted his liability for the injury you sustained.

Thereafter you may have to undergo an independent medical examination to ascertain the severity of your electric shock injury and the Injuries Board will then send you and your employer a “Notice of Assessment” which – if both you and your employer agree to – is followed by an “Order to Pay” work electric shock compensation. If either your employer denies his consent for the Injuries Board to evaluate your claim for suffering an electric shock at work, or neither party agrees on how much injury compensation for electric shock at work you are entitled to, the Injuries Board will issue you with an authorisation to pursue your claim through the courts.

Contributory Negligence and Work Electric Shock Claim for Compensation

If you are considered to have been partly responsible for the cause of the workplace accident or the extent of your injury, consent to assess claims for electric shock injuries may be withheld from the Injuries Board. The Injuries Board will only assess a claim in which total liability is admitted and, if you have contributed to your electric shock injury, the Injuries Board will have no option but to issue you with an authorisation to pursue your work electric shock claim for compensation in court.

Court action may be a last resort when making a claim for suffering an electric shock 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 electric shock injury and that percentage is then deducted from the amount of injury compensation for electric shock at work your claim is settled for. Negotiating the value of work electric shock compensation directly with an insurance company is not a good idea without the assistance of a solicitor.

One factor of contributory negligence which is sometimes overlooked is if you contributed to the extent of your electric shock injury by failing to seek prompt professional medical attention. Some people who suffer an electric shock in the workplace foolishly attempt to work through the pain – making their injury worse and jeopardising their entitlement to injury compensation for electric shock at work. In this instance, potential plaintiffs should speak with a solicitor about whether they still have claims for electric shock injuries which is worth pursuing.

Early Offers of Compensation from Insurance Companies

You should always speak with a solicitor if you receive a direct approach from the negligent party’s insurance company with an unsolicited offer of work electric shock compensation. Insurance companies are often made aware of work accidents when a report is made in the employer´s “Accident Report Book”, and you may be approached even before you have considered making a claim for suffering an electric shock at work.

The purpose of the insurance company´s approach is to reduce how much injury compensation for electric shock at work they will have to pay you. Insurance companies have been successful enough times to keep on trying these approaches, by tempting plaintiffs with an offer which would result in a quick settlement. Those who are concerned about their short-term finances, should refrain from accepting an insurance company´s unsolicited offer of compensation until they have discussed their claims for electric shock injuries with a solicitor.

The insurance company has effectively admitted your employer´s liability for your injury by their approach, and your solicitor will be able to initiate direct negotiations with the insurance company to obtain a full and satisfactory settlement of your work electric shock claim for compensation – organising interim payments until the claim is resolved if necessary.

Do I Need Legal Advice to Claim Injury Compensation?

You do not need a solicitor in order to make claims, but 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 claims for electric shock injuries, a solicitor has the experience to ensure you receive your full entitlement to work electric shock compensation – whether your claim for suffering an electric shock at work is resolved via the Injuries Board, by negotiation with your employer´s insurers or through court action.

Most solicitors will offer a free assessment of your work electric shock claim for compensation if you have sustained an injury in a work accident for which you were not completely to blame, and can provide you with answers to any questions you may have in regard to your entitlement to claim injury compensation for electric shock at work . As it is often in the best interest of potential plaintiffs to have evidence collated to substantiate claims for electric shock injuries while still fresh, it is recommended that you speak with a solicitor about the circumstances of your injury in a work accident without delay.



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.