I made a broken leg claim after an accident at work against my employer (he accepted liability). I went through the Injuries Board but their assessment seems very low. But should I accept it?
It is impossible to establish whether you should accept the Injuries Board assessment of the value of your broken leg claim without conducting an evaluation of your claim. The Injuries Board will have calculated how much compensation you should receive based on the information you gave them when you submitted your broken leg compensation claim.
Even though there is no specific area on either the online application or the hard copy of Application Form A for you to sufficiently present the affect the broken leg injury has had on your day-to-day life, without knowing the true facts of your incapacitation, the Injuries Board can only have calculated the amount of compensation for your broken leg claim based the medical data provided in relation to your sex, age and general state of health prior to your accident.
If you are unable to perform everyday tasks, or if you can no longer partake in social or leisure activities that you enjoyed prior to your accident, this “loss of amenity” should be included in your broken leg claim. Since this can account for a significant part of a compensation claim for a broken leg, you would be advised to keep a diary to note how your injury has affected your quality of life.
Additionally, you may qualify for compensation for any quantifiable emotional trauma you suffered as a result of the accident and any financial expenses that you have incurred that are directly attributable to the injury may be recovered.
It is recommended that you consult with an experienced solicitor at the first practical opportunity since the Injuries Board has already issued its assessment of your broken leg claim for compensation. Your solicitor can evaluate your injury and determine whether the assessment conducted by the Injuries Board is a true representation of your injury. Your solicitor would then be able to advise you if the assessment of your broken leg accident claim is acceptable or if you would be better served pursuing your compensation claims by other means.