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Work Accident Solicitor

The Role of a Work Accident Solicitor

A work accident solicitor has a specific role in representing you in a claim for an injury you have sustained in the workplace. His or her primary function is to ensure that you receive a fair and adequate amount of work accident compensation, while removing any anxiety you may feel about making a work accident claim against your employer and eliminating any pressure you may be put under by his public liability insurance company to accept an early offer of settlement.

In order to do this with the least possible disruption to your recovery, a work accident solicitor needs to establish at an early stage how your injury occurred, to what degree your employer is liable for your injury, what impact your injury has had on your quality of life and how to build the strongest possible case for your work accident claim.

Establishing How Your Injury Occurred

In order to establish how an injury occurred, your solicitor will ask you to explain to him the circumstances around your work accident, what injuries you sustained and how you believe they could have been avoided. In order to justify each of these points, your solicitor may ask for the names of work colleagues who witnessed your work accident, a copy of your medical records and instigate and health Service Executive (HSE) investigation.

This last action may sound a little severe but, if you have sustained an injury in a work accident, your employer has a legal obligation (even if he was not at fault) to record the circumstances surrounding the accident in his “Accident Report Book” and report it to the HSE if your injuries result in an absence from work in excess of three days. If the HSE subsequently decides to investigate the work accident, their findings can provide a major support to your work accident claim.

Establishing Negligence

An experienced work accident solicitor will have many years of assisting clients with their work accident claims, but no two cases are identical. Even if your employer is not totally to blame for your injuries, a work accident solicitor has to develop a picture of what regulations were contravened which lead to your accident. This might not necessarily be one direct action, or inaction, but could involve many minor infractions (risk assessment, training, supervision, monitoring, maintenance, provision of personal protective equipment etc) which, when combined, ascertain the extent of your employer´s liability.

One of the many areas in which a work accident claim can become complicated is that of “contributory negligence”. Contributory negligence occurs when you have been partly responsible for your injuries through your own lack of care, and the amount of your contributory negligence which is determined (normally negotiated into a percentage) will affect how much work accident compensation you receive. This is why it is so important that you receive medical attention as soon as an injury has occurred, in order that your employer cannot claim that you sustained the injury away from the workplace or exacerbated it by not seeking treatment at the appropriate time.

Establishing the Impact of Your Work Accident

Inasmuch as no two work accidents are identical, the impact that similar accidents can have on different victims´ quality of life can be wildly dissimilar. Personal circumstances, the amount of care and support you have at home during your recovery and your inability to engage in social pursuits can all have a negative effect on your emotional state. If you were already under stress at the time of your work accident, your absence from the workplace can cause you to suffer from a lack of sleep which can result in depression and an overdependence on drugs or alcohol.

Trauma experts are also in agreement that people who suffer a physical injury also sustain an element of psychological injury. This is no better illustrated that a roofer who falls from a ladder and subsequently loses his confidence to work again at height. All of these factors will be integrated into your claim for compensation by your work accident solicitor, together with any out-of-pocket expenses you have experienced in the pursuit of medical treatment or in the provision of care for any dependents (children or elderly relatives) for whom you are the primary carer.

Free Consultation with a Work Accident Solicitor

Whereas seeking medical attention should be your first priority when you have been injured in a work accident, it is in your best interests to speak with a work accident solicitor at the first possible opportunity. One of the reasons for this urgency is if your employer has acknowledged his liability for your injuries to his public liability insurance company (as he is obliged to do under the terms of his insurance policy) the insurance company is likely to approach you with an offer of early settlement.

Although the prospect of a quick cash sum may be welcome at a time when you could be worried about your future financial security, initial offers from an insurance company are frequently inadequate. If you have spoken with a solicitor, you may not know exactly how much work accident compensation you are entitled to, but will have a good idea that the offer made to you is unacceptable and be able to refer the insurance company representatives to your work accident solicitor.

Therefore, if you have been injured in a work accident which you believe was due to an employer´s negligence, you are invited to discuss your claim for work accident compensation with an experienced work accident solicitor on our free work injury claim advice service. Our lines are open from 8.00am to 10.00pm seven days a week. Our free work injury claims advice service is completely confidential, will provide you with helpful and accurate advice, and there is absolutely no obligation on you to proceed with a work injury claim once you have spoken with us.