Will I need to go to court in order to claim compensation for a gas injury at work?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

Will I need to go to court in order to claim compensation for a gas injury at work?

Answer:

In Ireland, approximately one third of all personal injury claims require litigation through the Irish court system and it is therefore most likely that your claim for compensation for a gas injury at work will not require litigation. Two thirds of claims are successfully resolved before court action is required, either through acceptance of the Injury Board’s recommendation or through negotiation between the claimant’s personal injury solicitor and the negligent party´s insurance company.

Whether your gas injury at work claim will need to be decided in court will depend on several factors. If your employer accepts liability for the injuries you sustained in your accident at work, it is likely that your claim will be resolved quickly and litigation will not be necessary. If you choose to use a personal injury solicitor to pursue your case, in addition to preparing and submitting a claim to the Injuries Board on your behalf, your solicitor will contact your employer´s insurance company with an invitation to settle the compensation claim for a gas injury at work promptly. Approximately one third of personal injury claims are successfully resolved in this way.

If it is not possible to arrive at a suitable settlement figure, you will be required to wait for the assessment from the Injuries Board. The Injuries Board recommended level of compensation can then be accepted by both parties, either party can choose to litigate through the courts or a settlement of compensation for a gas injury at work can be negotiated out-of-court.

Insurance companies are businesses and are concerned with paying the minimum possible level of compensation in order to maintain high levels of profit. Any compensation payment is a reduction in company profits; however it is often in the insurance company’s best interest to settle a claim early. Litigation through the courts is expensive and a failure to win will see the insurance company liable for your legal costs and potentially being required to pay significantly more than compensation for a gas injury at work. Litigation is often avoided by both parties except where the respondent denies liability or the level of compensation claimed is disputed. Even in such cases, your employer’s insurance company may decide to settle your gas injury at work claim rather than risk the uncertainty of litigation.

Without details of your case it is not possible to determine whether litigation will be necessary, however you should speak with a personal injury solicitor for advice and to find out the strength of your claim for compensation for a gas injury at work. Your chosen solicitor should then be able to give you an indication of the likelihood of litigation being required.