Claim for Ladder Injury at Work: Introduction
You may be able to claim for ladder injury at work compensation if you are injured in an accident for which you were not primarily to blame, should an employer – or other person of authority – have failed in any of their responsibilities to make working at a height as safe as possible or if they neglect to correctly adhere to the regulations and the guidelines set for employee safety.
However, it is always in your best interests to consult with an experienced solicitor whenever such a situation arises. Each compensation for a workplace ladder injury claim is unique and should be assessed based on its own merits.
Claiming Compensation for a Workplace Ladder injury
The diagnosis of your injury in your medical records and that an employer’s direct or indirect actions caused the accident in which you sustained your injury will influence your entitlement to claim for ladder injury at work compensation.
There are numerous procedures you should follow to support your compensation for a workplace ladder injury claim. Following medical attention, the next procedure is to have your accident recorded in your employer’s Accident Report Book.
You should also take photographs of the scene – or have someone take them on your behalf if your injury does not allow you to. Additionally, you should collect a list of colleagues who were either working with you at the time of the accident or who witnessed your injury who may be willing to give evidence.
Possible Pitfalls in a Workplace Ladder Injury Claim for Compensation
In general, the amount of compensation one could receive in a claim for ladder injury at work, would be comprised of the following four categories: general damages for pain and suffering, general damages for emotional trauma, general damages for loss of amenity and special damages for financial loss. The individual merits of your case will determine how much compensation you receive at the end of a successful claim.
However, there are certain situations when the amount of compensation you are rightly entitled to may be reduced.
If it is proven that partial blame can be attributed to the victim’s own actions or inactions that caused the accident or if the victim failed to seek immediate medical attention, the total amount of their compensation for a workplace ladder injury would be negatively affected. In some cases – if you were considered to be more than 50 per cent responsible for your injuries – you may not have a valid opportunity to pursue a claim for workplace ladder injury compensation.
There are many examples of how contributory negligence can have damaging effect on a claim and if you feel that you may have had some involvement in the circumstances of the accident or the extent of your injuries, you should inform the solicitor dealing with your case when you initially discuss your entitlement to claim compensation for a workplace ladder injury.
Third Party Capture
You may be approached by the negligent party’s insurance company with an early and unsolicited offer of compensation in the very early days following your accident. It must be known that these offers are never made with your best interests at heart and may not be adequate to pay for continuing medical treatment or to support your family.
Although it may be tempting to accept an early offer of compensation for work ladder injuries at a time when you may have sustained incapacitating injuries, and doctors cannot say whether you will be able to work again, you should always refer such an offer to your solicitor.
These offers are made to benefit the insurance company only – to reduce costs – and rarely is much consideration given to the accident victim’s financial situation. Your solicitor would be able to assess the amount offered and determine whether it accurately reflects the severity of your injury and the negative impact it has had on your quality of life.
Time Limit on Making a Claim for Workplace Ladder Injury Compensation
In Ireland, a claim for ladder injury at work must be made within two years of the date of the accident or the date of knowledge (which, in most cases, are the same date).
Two years may seem like sufficient time to make a claim for workplace ladder injury compensation but issues such as external investigations, allegations of contributory negligence, liability denial, the potential that witnesses may not want to testify, or the swift removal of evidence after the accident occurred are all possible reasons for protracted delays. This possibility for delay is one of the most pressing reasons why an expert solicitor should be contacted at the first moment possible.
Claim for Ladder Injury at Work: Conclusion
Because of the fact that difficulties are frequent in gathering evidence of absolute negligence, and due to the severity of injuries that are sustained in such a distressing accident, a claim for ladder injury at work can often take a long time to resolve. Further problems may arise if you developed bad ladder habits in your private life which were transferred into the workplace and have contributed towards your accident and injury.
Each compensation for a workplace ladder injury is amassed on its own merits and the final amount awarded in your claim for workplace ladder injury compensation that you may qualify for is calculated on an individual basis. Because of this, you would be well advised to discuss the circumstances of your accident and subsequent injury with a solicitor experienced in work accident claims at the first practical opportunity.