My manager has told me that I cannot claim back injury compensation for lifting injuries at work as I had a pre-existing back condition is this correct?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Question:
My manager has told me that I cannot claim compensation for lifting injuries at work as I have a pre-existing back condition is this correct?
Answer:
It is your legal right to claim compensation for lifting injuries at work provided that you have sustained an injury in the course of your work duties which was the result of negligence on the part of your employer. A claim for compensation for lifting injuries at work should still be possible even if you have a pre-existing condition, provided that the deterioration in your condition was directly caused by the accident. However any pre-existing condition has potential to make a claim for back injury compensation more complicated and can affect the level of compensation that you are likely to receive.
What is of paramount importance is that you seek medical attention promptly. Even if you are aware of the problem with your back and have medication at home you must still visit a doctor for a diagnosis and treatment. It is vital that a deterioration in an existing condition is recorded in your medical records. Any delay in seeking medical treatment could affect your right to claim compensation for lifting injuries at work and reduce how much compensation for lifting injuries at work you are ultimately awarded.
Since your manager has already indicated that he believes you may not be entitled to claim back injury compensation, there is a strong possibility that his or her insurance company may deny liability. Should consent be denied when the Injuries Board write to your employer regarding your claim for compensation for lifting injuries at work, you will have to resort to litigation through the courts with the assistance of a personal injury solicitor.
In order to maximise your chances of resolving your claim quickly and obtaining a settlement from your employer’s insurance company, it is important that you speak with a solicitor promptly about your case. A solicitor will ensure that the strongest possible claim for lifting injury compensation is presented to the Injuries Board, and the respondent’s insurance company will also be contacted in an attempt to negotiate a settlement.
A solicitor will use your medical records to establish the exact nature of your pre-existing condition, whether further injuries have been suffered due to your employer´s negligence and how a pre-existing injury has deteriorated. Your chosen solicitor will make arrangements for you to be examined again by a specialist in order to determine the extent of your injury and will help you to gather evidence of employer negligence to support your claim for lifting injury compensation. This will help to ensure that your claim has the maximum chance of being successful and resolved promptly.