I made a claim for dislocated shoulder injury compensation after an accident at work for which my employer admitted liability. However the Injuries Board assessment of how much compensation for a dislocated shoulder injury I should get seems low to me. Should I accept it?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

I made a claim for dislocated shoulder injury compensation after an accident at work for which my employer admitted liability. However the Injuries Board assessment of how much compensation for a dislocated shoulder injury I should get seems low to me. Should I accept it?

Answer:

Without conducting an evaluation of your dislocated shoulder injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a dislocated shoulder injury you should receive or not. The Injuries Board will have made their calculations based on the information you provided them when you submitted your dislocated shoulder injury compensation claim and the independent medical examination you underwent.

Admittedly, there is no dedicated area on either the online application or the hard copy of Application Form A for you to expand on how the dislocated shoulder injury has affected your everyday life and, without knowing the how badly you may have been incapacitated by your dislocated shoulder, the Injuries Board will have calculated how much compensation for a dislocated shoulder injury you were entitled to based only on the medical facts of your dislocated shoulder injury in relation to your sex, age and general state of health prior to your accident at work and the dislocated shoulder injury compensation figures published in the Book of Quantum.

Your “loss of amenity” is an important factor in a dislocated shoulder injury claim should you be unable to complete day-to-day tasks or if your enjoyment of leisure and social pursuits has suffered because of your injured shoulder. Due to the nature of some dislocated shoulder injuries, this factor can account for a substantial part of a dislocated shoulder injury compensation claim and it is strongly recommended that you maintain a diary to record the effect that your injured shoulder has on your daily quality of life.

If you have suffered any form of negative effect on your emotional well-being due to how your work dislocated shoulder injury occurred or during your recovery, you may also be able to include this element of your accident in your dislocated shoulder injury claim for compensation. Victims of a dislocated shoulder injury may develop Post Traumatic Stress Disorder if their dislocated shoulder injury occurred in a particularly violent accident, or become anxious and depressed during their recovery from a shoulder dislocation. Furthermore, if these emotional traumas manifested after the medical examination of your dislocated shoulder injury had taken place, they would have been omitted from the information communicated to the Injuries Board and left out of the Injuries Board´s assessment of your claim for dislocated shoulder injury compensation.

With so many possible variables, it is easy to understand why no two dislocated shoulder injury claims for compensation are the same. It could be possible that your perception of how much compensation for a dislocated shoulder injury you should be entitled to is based upon what you have heard or read but, unless you undergo an evaluation of your injury and its consequences with an experienced dislocated shoulder injury claims solicitor, it is unlikely that you will ever be certain that the assessment conducted by the Injuries Board reflects the true extent of your dislocated shoulder injury or represents adequate dislocated shoulder injury compensation.

As the Injuries Board Ireland has already issued its assessment of your dislocated shoulder injury compensation claim, it is recommended that you speak with a dislocated shoulder injury claims solicitor at the first practical opportunity. Once you have discussed the circumstances of your dislocated shoulder injury at work and the consequences that the injury has had on your quality of life, your solicitor will advise you whether to accept the Injury Board Ireland´s assessment of your dislocated shoulder injury claim or to pursue your entitlement to dislocated shoulder injury compensation through other channels.