I need to claim compensation for a fall from height at work to recover lost earnings and medical expenses. How long will it take to receive compensation for a work fall, as I desperately need the money?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

I need to claim compensation for a fall from height at work to recover lost earnings and medical expenses. How long will it take to receive compensation for a work fall, as I desperately need the money?

Answer:

Although you may be eligible to make a claim for compensation for a fall from height at work, it usually takes many months to recover work fall injury compensation. There are a number of legal procedures which must be completed in order to claim compensation for a fall from height at work and each aspect of the claim process takes time to complete.

The first step is to prepare your fall from a height at work claim and to file it with the Injuries Board. The Injuries Board must obtain consent from your employer before a claim for compensation for a fall from height at work before the level of compensation for a work fall can be calculated. Once your work fall injury compensation claim is received, the Injuries Board will issue a notice of the claim to your employer, who will be given three months in which to accept or reject the claim for work fall compensation.

Should your employer consent to the assessment of the claim, the Injuries Board will then complete its assessment which will usually take up to nine months. After the assessment has been issued to both you at your employer, both parties have one month in which to respond. If both parties accept the ruling, an order to pay will be issued by the Injuries Board and your employer´s insurance company will issue payment. The claims process will therefore usually take a minimum of one year before an order to pay is issued. If liability is denied initially or if your employer´s insurers do not accept the Injuries Board assessment, then litigation will be necessary. This will result in a further delay before compensation for a fall from height at work can be awarded, should litigation prove to be successful.

Although the above procedures must be completed and there is little that can be done to speed up the legal processes, it may be possible to negotiate a settlement for compensation for a fall from height at work directly with your employer’s insurance company. A third of injury claims in Ireland are settled directly with insurers, which should see you receive an award of compensation for a fall from height at work much more quickly.

In order to maximise the chances of making a successful claim for compensation for a fall from height at work, you should speak with a personal injury solicitor promptly about claiming work fall injury compensation. A solicitor will ensure that your claim forms are completed correctly and submitted to the Injuries Board. Your solicitor will also contact your employer’s insurance company directly and put forward the case and the evidence of negligence and will invite them to settle the claim promptly. If evidence of negligence is strong, an insurance company may prefer to settle a claim for compensation for a fall from height at work than risk paying more by waiting for the Injuries Board assessment or through litigation. You will be much more likely to receive compensation for a work fall injury faster if a personal injury solicitor pursues your claim.