I made a claim for footpath injury compensation after I tripped on a footpath which had been left in a poor condition by workmen from the water company and fractured my wrist. The water company admitted liability for my injury, however the Injuries Board assessment of how much compensation for a footpath 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 footpath injury compensation after I tripped on a footpath which had been left in a poor condition by workmen from the water company and fractured my wrist. The water company admitted liability for my injury, however the Injuries Board assessment of how much compensation for a footpath injury I should get seems low to me. Should I accept it?

Answer:

Without conducting an evaluation of your footpath injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for your footpath 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 footpath 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 your wrist injury has affected your everyday life and, without knowing the how badly you may have been incapacitated by your footpath injury, the Injuries Board will have calculated how much compensation for a footpath injury you were entitled to based only on the medical facts of your wrist injury in relation to your sex, age and general state of health prior to your accident at work and the injury compensation figures published in the Book of Quantum.

Your “loss of amenity” is an important factor in a footpath injury claim should you be unable to work, complete day-to-day tasks or if your enjoyment of leisure and social pursuits has suffered because of your injured wrist. This factor can account for a substantial part of a footpath injury compensation claim and, if you have not included any details of the inconvenience you have suffered or the deterioration in your quality of life in your application for assessment to the Injuries Board Ireland, they would have been unaware of your loss of amenity and not considered it when reviewing your claim for footpath injury compensation.

It could also be possible that your perception of how much compensation for a footpath 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 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 footpath injury or represents adequate footpath injury compensation.

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