I was injured in an accident at work due to a faulty window. A sash window dropped and crushed my hand. Are there any procedures I must follow before I can claim compensation?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Although you have been injured in an accident at work due to a faulty window, in order to claim compensation you must be able to demonstrate that your injuries were sustained due to the negligence of your employer. Only when there has been a failure in a duty of care by your employer can a faulty window injury claim for personal injury compensation be made.

It is the claimant’s responsibility to gather evidence of negligence to support a faulty window injury claim against an employer. If you are unsure about the evidence you will need to collect you should speak with a personal injury solicitor for advice. A solicitor has the necessary experience to help you prove negligence in a claim for being injured in an accident at work due to a faulty window.

Following any accident at work, it is important that injuries are treated promptly. A visit to the accident and emergency room at the nearest hospital or a doctor’s surgery must be made; not only to ensure that injuries are treated promptly but this is also a vital step to take if a work injury claim is to be made. It is not possible to make a claim for being injured in an accident at work due to a faulty window unless your injury has been documented in your medical records.

Not only will your medical records be used as evidence of an injury in a faulty window accident claim, but the doctor who treated your injuries must complete a medical assessment form which must be submitted to the Injuries Board with your assessment Form A. Without a medical assessment form, your application for assessment for being injured in an accident at work due to a faulty window will be automatically rejected by the Injuries Board.

Following any accident at work a report should be made in the employer’s accident book. The report should detail how the accident occurred and what injuries were sustained. An injury to the hand can make writing the report impossible; however once your hand has healed sufficiently you should make this report. If faulty window accident has caused you to be absent from work for more than 4 days, your employer should also notify the Health and Safety Authority.

If you intend to make a faulty window injury claim for any financial expenses you have incurred as a result of your injury you must make sure that you retain receipts. You will not be able to include any expenditure in your claim for special damages in your faulty window injury claim if you cannot provide documentation to support the expenditure. Special damages can include alternative transport arrangements if you have been unable to drive, so you should ask for receipts for taxi fares and should retain bus/train tickets. You should also ask for an invoice for any medical treatment costs due to being injured in an accident at work due to a faulty window.

To ensure that suitable evidence of your employer´s negligence is collected, and that every element of your claim for being injured at work due to a faulty window is supported, you are advised to speak with a personal injury solicitor at the first possible opportunity.