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

Answer:

Without conducting an evaluation of your herniated disc compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a herniated disc you should receive or not. The Injuries Board will have made their calculations based on the information you provided them when you submitted your herniated disc 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 herniated disc has affected your everyday life and, without knowing the how badly you may have been incapacitated by your herniated disc, the Injuries Board will have calculated how much compensation for a herniated disc you were entitled to based only on the medical facts of your spine injury in relation to your sex, age and general state of health prior to your accident at work and the herniated disc compensation figures published in the Book of Quantum.

Your “loss of amenity” is an important factor in a herniated disc 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 spine. Due to the nature of some spinal injuries, this factor can account for a substantial part of a herniated disc compensation claim and it is strongly recommended that you maintain a diary to record the effect that your ruptured disc 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 herniated disc injury occurred or during your recovery, you may also be able to include this element of your accident in your herniated disc claim for compensation. Victims of a herniated disc may develop Post Traumatic Stress Disorder if their herniated disc occurred due to a particularly violent accident, or become anxious and depressed during their recovery from a damaged spine. Furthermore, if these emotional traumas manifested after the medical examination of your herniated disc 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 herniated disc compensation.

With so many possible variables, it is easy to understand why no two herniated disc claims for compensation are the same. It could be possible that your perception of how much compensation for a herniated disc 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 herniated disc 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 herniated disc or represents adequate herniated disc compensation.

As the Injuries Board Ireland has already issued its assessment of your herniated disc compensation claim, it is recommended that you speak with a herniated disc claims solicitor at the first practical opportunity. Once you have discussed the circumstances of your herniated disc 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 herniated disc claim or to pursue your entitlement to herniated disc compensation through other channels.