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Compensation for an Injury from an Office Window

My employer says it is not possible to claim compensation for an injury from an office window because he provided fans to ventilate the office and I had no reason to open the window. Is this true?

Irrespective of whether your employer provided fans to ventilate your office, you would still be able to claim compensation for an injury from an office window if he has allowed a risk of injury to remain unattended or unrepaired for an unreasonable amount of time.

According to the Workplace (Health, Safety and Welfare) Regulations 1992 “Openable windows, skylights and ventilators should be capable of being opened, closed or adjusted safely and, when open, should not pose any undue risk to anyone”.

This would imply that your employer has failed in his duty of care to provide you with a safe environment in which to work and against whom a claim for an office window injury can be made; however, as your employer has already indicated that he would contest a claim for being injured by a faulty window in an office, it would be in your best interests to have your claim prepared and presented by an experienced personal injury solicitor.

The process for claiming compensation for an injury from an office window is fairly straightforward and, once a solicitor has collected evidence of your employer´s negligence (colleague´s statements, photo´s of the faulty window, your relevant medical records), your solicitor will send a letter of claim to your employer´s insurers – advising them that you are making a claim for an office window injury against their policyholder.

The insurance company will conduct their own investigation into your claim for being injured by a faulty window in an office and for this reason it is recommended that you make a report of your accident and injury in your employer´s “Accident Report Book” so that your employer cannot deny knowledge of your accident with the faulty window.

Provided that your solicitor has compiled a sufficiently strong case, there should really be no issues over liability for your accident in the office, and a settlement of compensation for an injury from an office window should quickly be negotiated on your behalf.

You should be aware that your employer´s insurance company may approach you directly with an unsolicited offer of compensation for being injured by a faulty window in an office, even though your employer has denied liability for your injury. If this should happen, you should refer the offer to your solicitor straightaway.