I sustained a coccyx injury at work and wanted to know if I have a possible claim for faulty office chair injury compensation?
It is possible to make a compensation claim for a faulty office chair injury if it can be proven that your employer breached their legal duty of care to provide their employees with a safe working environment. Your employer should make sure that all equipment used in the office is safe and without fault. If it is possible to establish that an employer has not provided a safe place of work to their employees, they can be named as the person responsible for your injury.
It is essential, therefore, that professional medical attention was sought immediately after the accident occurred at the nearest Accident and Emergency department or at that you made an emergency appointment to be examined by your GP as it will be very difficult to make a successful claim for a faulty office chair injury without an entry in your medical history. Any significant gap between the date of the accident the date of your professional medical examination could result in accusations that you contributed to the exacerbation of your injury through your own lack of care. Although you may not be disqualified from making your claim, the amount of compensation you receive could be negatively affected.
Your claim for faulty office chair injury would benefit from certain actions taken after the accident occurred. It would be advantageous, for example, if photographs were taken at the scene of the accident of the faulty chair. In instances such as this one, most employers would take care to replace any defective equipment immediately, therefore removing evidence for your claim. Additionally, you should have collected the details of any witnesses to your accident as they may be called upon to support your claim. A record of your accident in the business’s Accident Report Book would also be of benefit.
You have two years from the date of the accident in which to make your claim for faulty office chair injury. That said, it is recommended that you do not delay, especially in a work place setting where potential witnesses may move on. In addition, the work environment may have changed; perhaps a new manager brought with him or her changes to address the previously negligent safety system. A new, safe work environment may make it more difficult to prove a negligent one ever existed.
Consulting with a solicitor at the earliest possible stage is therefore recommended. If your solicitor deems your claim for faulty office chair injury viable, he or she can prepare statements for all witnesses and can gather all of the medical and actuarial reports necessary to support your case.
All personal injury compensation claims must first be brought to the Injuries Board Ireland and your solicitor could assist with completing the necessary procedures to ensure your case is adequately presented. If the negligent party rejects the assessment, your case would be elevated to the high court, although it is possible that your solicitor could help you settle with your employer’s insurance company before a trial is heard.
Engaging a solicitor as soon following medical treatment as possible ensures that you know what level of compensation you should eligible to receive, and that you are well prepared should your case go to court.