How to Claim Compensation for Lifting Injury in Office
This article explains some of the reasons why you might – or might not – qualify for compensation for lifting injury in office and the procedures you should follow after sustaining an injury in an accident at work to support an office lifting injury claim for compensation.
A brief explanation of how to claim for lifting accident in the workplace is also included; however, all claims for lifting injuries in office 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 prompt medical treatment for your lifting injury. No amount of injured by lifting in office compensation will ever be a substitute for a long term health issue which could have been avoided by immediate medical attention and, to support your claim for office lifting accident, you will need a doctor to complete the Injuries Board Medical Assessment Form B.
Claims for Lifting Injuries in Office and the Duty of Care of Employers
In order to be eligible to claim compensation for lifting injury in office, you must have suffered 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 responsibilities to avoid 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 being injured while lifting.
Should an employer fail in 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 an office lifting injury claim for compensation. It should be noted, however, that an employer´s duty of care is not “absolute” and, if you have been injured in a lifting accident at work which could not have been foreseen, claims for lifting injuries in office are unlikely to be successful.
Reporting Lifting Injuries at Work
It is important that your lifting work accident is recorded 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 lifting injury in office, reporting an injury sustained in a work accident may initiate a Health and Safety Authority (HSA) investigation which could determine your employer´s liability in your claim for office lifting accident.
If liability can be ascertained before making claims for lifting injuries in office, it should speed up the Injuries Board process or may enable a solicitor acting on your behalf to negotiate a settlement of injured by lifting in office compensation without the need for witness statements or photographic evidence of your employer´s negligence.
If you’re the injury you suffered at work is so severe that you are unable to report your lifting work accident – or your employer fails to give you access to the Accident Report Book – you should speak with a solicitor. Work accidents can be reported online at the HSA web site, but you will need an approval code to use the service and it may be a lot simpler for a solicitor to generate a report on your behalf and then use it in support of an office lifting injury claim for compensation.
Procedures for Claiming Injured by Lifting in Office Compensation
The most frequently used procedure for claiming injured by lifting in office compensation is to submit an application for assessment to the Injuries Board. Your application can be completed on hard copy or online, but must be submitted with a medical practitioner´s report detailing the injury you sustained. Receipts and invoices for any expenses you have incurred which are directly attributable to your workplace lifting accident should also be attached to your application.
The Injuries Board´s role is only to assess how much compensation for lifting injury in office you are eligible for, and not establish liability for your lifting injury. Therefore, the Injuries Board will write to your employer asking for consent to proceed with an assessment of your office lifting injury claim for compensation, and only continue once that consent has been received – effectively when your employer has admitted his liability for the injury you suffered when lifting.
Thereafter you may have to undergo an independent medical examination to determine the severity of your lifting 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” injured by lifting in office compensation. If either your employer denies his consent for the Injuries Board to assess your claim for office lifting accident, or neither party agrees on how much compensation for lifting injury in office you are entitled to, the Injuries Board will issue you with an authorisation to pursue your claim for lifting accident in the workplace through the courts.
How Much is a Claim for Office Lifting Accident Worth?
How much compensation for lifting injury in office you will be entitled to receive will be influenced by the location, nature and severity of your injury in relation to your age, sex and general state of health prior to the accident in which your lifting injury was sustained. Financial values for a wide range of injuries can be found in the Book of Quantum, but these values only account for the physical pain and suffering you experience at the time of your workplace injury and not for the “inconvenience of incapacity” that might result from a lifting injury suffered at work.
Claims for lifting injuries in office should include compensation for the impact that your injury has on your ability to perform day to day domestic duties and your incapacity to partake in leisure pursuits or enjoy an active social life. There is very little opportunity to account for this “loss of amenity” when making a claim for office lifting accident through the Injuries Board process, and this is a further reason why you should speak with solicitor with experience of making a claim for lifting accident in the workplace – to ensure you receive your full entitlement to injured by lifting in office compensation.
The amounts you are claiming for expenses, lost income and any other costs you have incurred due to your lifting injury are then added to the compensation values above to finalise how much your office lifting injury claim for compensation is worth. You may also be able to recover any legal expenses you have incurred in pursuit of your claim for office lifting accident, fares paid to use alternative forms of transport if you are unable to drive and future medical costs if, for example, physiotherapy is required in order that you make a full recovery from the injury you sustained in the workplace.
Unsolicited Offers of Lifting Injury Compensation from Insurance Companies
If you receive a direct approach from an insurance company with an unsolicited offer of injured by lifting in office compensation, you should always speak with a solicitor. Insurance companies are often made aware of work lifting accidents when a report is made in the employer´s “Accident Report Book”, and may make an approach even before you have considered making a claim for office lifting accident.
The purpose of the insurance company´s approach is to reduce the amount of compensation for lifting injury in office they will have to pay you and, by tempting plaintiffs with an offer which would result in a quick settlement, they are successful enough times to continue to try these approaches. Even if you are concerned about your short-term finances, you should refrain from accepting an insurance company´s unsolicited offer of work lifting injury compensation until you have discussed your claim for lifting accident in the workplace with a solicitor.
By their approach, the insurance company has effectively admitted your employer´s liability for your lifting injury, and your solicitor will be able to engage in direct negotiations with the insurance company to obtain a full and satisfactory settlement of your office lifting injury claim for compensation – arranging for interim payments until the claim is resolved if necessary.
Always Speak With a Solicitor
Although you do not necessarily need a solicitor in order to make claims for lifting injuries in office, it is often in your best interests to do so. In addition to acting as a go-between between yourself and your employer, and dealing with any complications that may arise while making a claim for lifting accident in the workplace, a solicitor has the experience to ensure you receive your full entitlement to injured by lifting in office compensation – whether your claim for office lifting accident 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 office lifting injury claim for compensation if you have sustained a lifting injury in work accident 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 in office. As it is often in your best interest to have evidence collated in support of your claim for lifting accident in the workplace while it is still fresh, it is recommended that you speak with a solicitor about the circumstances of your lifting injury in an office accident without delay.
