Accident at work*. Lumbar fracture
Workplace accidents are very frequent and dangerous. They can affect you emotionally, financially and physically. If you have ever had an accident at work, you should know that you can get compensation. This is just a part of the duties of the employer health and safety.
The case described în this article is more different than the usual cases we deal with. The biggest obstacle was probably lack of time. Still, our company coped. Read on to find out all the details.
Case study – lumbar fracture
A client of eighty years of age was injured as a result of an accident at work. On an ordinary day at work she slipped and fractured the lumbar part of her spine. The client did not instruct Solicitors initially and personally submitted her application to PIAB after deliberating for a year and a half over whether or not to claim. This was largely out of loyalty to her employer for whom she had over twenty years of service.
Liability
Workplace accidents can happen from various causes, such as lifting heavy objects, slipping, using faulty equipment, or neglecting safety precautions. It’s crucial to remember that all workplaces, including factories, construction sites, and offices, can pose risks to employee safety.
In our case, the accident happened in circumstances where liability was unlikely to be an issue. The client initially decided to handle her claim personally, without legal representation, after carefully considering it for eighteen months. Her loyalty to her employer, where she had worked for over two decades, influenced this decision.
When her employer refused to support her claim, PIAB advised her to start legal proceedings. However, the client waited another three months before seeking legal advice. This significantly limited the time available for lawyers to review the case, conduct any necessary investigations, and file the lawsuit.
Case progression and settlement
As we mentioned before, the client initially handled her claim directly with PIAB without legal representation. This decision was influenced by her loyalty to her employer, where she had worked for over twenty years.
After her employer refused to support her claim, PIAB authorized her to proceed with legal action. However, the client waited an additional three months before consulting with attorneys. This significantly limited the time available to assess the case, conduct any necessary investigations, and file the lawsuit.
Given Ireland’s two-year statute of limitations, many similar claims may be barred if clients who have filed with PIAB personally only have a six-month window to initiate legal proceedings. In this type of cases is better to communicate with a solicitor to find out the back injury compensation claim amounts. The case is ongoing.