The Injuries Board
Have you suffered a personal injury in Ireland? If so, you may be entitled to compensation. In order to make a claim for compensation in respect of a personal injury that you have suffered you will need to make an application to the Injuries Board (the Irish Government body which makes personal injury awards).
The average Injuries Board award in 2014 was €22,642 with the largest award being €972,898. Approximately three out of four applications submitted to the Injuries Board related to motor accidents.
What can you be compensated for?
personal injuries*
psychological injuries
loss of income or opportunity
any other out of pocket expenses suffered
For more information on making an application for compensation to the Injuries Board please contact us and we will be happy to help you prepare and submit your application.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement
Road Traffic Accidents
Have you or a member of your family been involved in a road traffic accident that was not your fault? Have you been hurt or injured as a result of the accident? If so we can help you obtain the compensation you deserve.
What are you entitled to make a claim for?
personal injuries*
psychological injuries
loss of income or opportunity
any other out of pocket expenses suffered
Steps to take immediately following a road traffic accident:
- take as many details as possible (i.e. the driver’s name, address, vehicle registration number, insurance company name & policy number);
take photographs of the scene of the accident, where possible;
take the names and addresses of any witnesses to the accident;
if there are any injuries at the scene of the accident the Gardai will need to attend;
even where the Gardai do not attend the scene of the accident you should report the accident to your local Garda Station as soon as possible; and
seek medical attention for any injuries sustained.
Accidents at Work
Employers have a special duty of care to their employees. They must, at all times, ensure a safe place of work and provide employees with the appropriate training to enable them to carry out their work safely. If you have been involved in an accident at your place of work, you may be entitled to compensation.
What are you entitled to make a claim for?
personal injuries*
psychological injuries
loss of income or opportunity
any other out of pocket expenses suffered
Steps to take immediately following an accident in the workplace:
- immediately notify your employer;
- record as much information as you reasonably can in relation to the accident including, where possible, phtotographs of the scene of the accident; and
- seek the appropriate medical attention.
Accidents in a Public Place
Have you suffered an injury, that was not your fault:
- on a footpath;
- in a public park;
in a public playground;
in a shop, public house or leisure centre;
on any other public space?
If so, you may be entitled to compensation.
What are you entitled to make a claim for?
personal injuries*
psychological injuries
loss of income or opportunity
any other out of pocket expenses suffered
Steps to take immediately following an accident in a public place:
- record details of the accident;
take photographs of the scene of the accident;
take the names and addresses of any witnesses to the accident; and
notify a person in charge, if any.
Workplace Bullying & Harassment
Bullying at work or an incident of sexual harassment can be a series of actions or a one-off incident.
Bullying or harassment of any kind can give rise to a claim for compensation.
Your employer must, at all times, provide you with a safe place of work and your employer should have procedures in place to deal with any incidents of bullying or harassment.
What are you entitled to make a claim for?
personal injuries*
psychological injuries
loss of income or opportunity
any other out of pocket expenses suffered
Recent Cases / Developments
The injured party in this case was employed by the defendants as a general handyman and was engaged in cutting ivy from the defendants’ property. The injured party fell 14 foot while moving from a ladder to scaffolding. The injured party suffered severe soft tissue injuries to his neck, shoulder, hip, lower back and now walks with a limp and uses a crutch. The injured party also claimed to be suffering from Post-Traumatic Stress Disorder and depression. The Defendant claimed that there was no structural damage to the injured party’s spine and that his injuries were psychosomatic.
The High Court held that the Injured Party’s pain is genuine and that he will never be able to return to heavy work but will, in time, be fit for light work. The High Court also accepted that injured party is suffering from Post-Traumatic Stress Disorder and depression. The injured party was awarded damages of €323,481.50.
The injured party in this case was a passenger in a car that was struck from behind by another vehicle causing a minor impact. The injured party claimed for damages arising from injuries sustained to her neck and also to her lumbar region. The Defendant denied that the injured party suffered any appreciable injury and claimed that the injured party was grossly exaggerating her claim. The injured party had previously injured her lower back due to a fall at home in 2009. The injured party claimed that she had suffered a psychological reaction to the minor physical injuries sustained and that she had not worked since the date of the incident.
The High Court held that the injured party had suffered a minor injury to an already vulnerable back. The High Court held that “catastrophisation” had led to the injured party’s life being dominated by the accident and her perception of her injuries. The injured party was awarded €100,000 in total.
Plaintiff claimed damages for personal injuries allegedly suffered while employed as a butcher / slaughter hall operative in the Defendant’s factory.
Plaintiff complained about back pain in June 2005 and was moved to a different section of the production line.
In 2007 the Plaintiff again complained of injuries to his back and was diagnosed with disc prolapse and sciatica.
Question which arose for consideration was whether the system of work was unsafe.
The system of work changed after 2007 and the system of work now in place does not involve a twisting and turning manoeuvre.
The Plaintiff claimed that the system changed because of his accident and the Defendant claimed the change was made for operational reasons.
Held, the Defendant failed to properly train the Plaintiff as to correct posture to avoid back strain, award of loss of earnings to date €65,000, €100,000 for future loss of earnings, €175,000 for general damages to date, €75,000 for future damages. Total Award: €415,000.
Plaintiff sued for damages for personal injuries sustained following a fire involving a Hotpoint dishwasher which occurred in his home in 2010.
When family returned to their home after the fire, the Plaintiff suffered from anxiety, nightmares and obsessive compulsive behaviour. The plaintiff had pre-existing mild intellectual disability and was vulnerable.
Held, The Plaintiff was a particularly vulnerable individual due his to pre-existing intellectual disability. The Plaintiff suffered psychological injuries as result of the fire. Compensatory damages for past suffering awarded, €35,000, future suffering €15,000, special damages €1,244. Total damages: €51,244.
Plaintiff claimed damages against the Defendant in respect of injury to her lumbar spine as a result of lifting a 13kg box from floor level to above shoulder height.
Question which arose for consideration was whether adequate manual handling training had been given to the Plaintiff.
Held, liability rested with the Defendant, the Plaintiff was given inadequate training with no proper follow-up and supervision, no risk assessment carried out in relation to lifting duties of the Plaintiff. The plaintiff could not be faulted for failing to ask for assistance. Damages of €85,255 awarded.
Plaintiff claimed damages for personal injuries to his arm allegedly sustained from an electric shock at his workplace while using a cardboard compactor and baling machine.
Plaintiff claimed numbness in his arm. Medical evidence on behalf of the plaintiff indicated a moderate injury to median nerve of wrist and ulnar nerve of the elbow, medical evidence on behalf of the Defendant suggested that plaintiff’s complaints were not consistent with anatomic pattern of nerves.
Machine examined and found to be in full working order and was properly maintained but risk of occurrence of stray voltage had not been eliminated by installation of extra low voltage in the control device.
Held, Defendant should have reviewed the suitability of machinery which was over 10 years old to ensure that employees are exposed to minimum risks necessary in undertaking their jobs, by failing to install ELV in the control device the defendant failed in its obligations to the plaintiff.
General damages: €40,000, special damages in relation to net loss of earnings, €7,500.