How much injury compensation for tripping on discarded materials in a factory can I claim for a broken leg? I tripped on wood off cuts which had been left on the floor by the night shift.

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Before it is possible to determine how much injury compensation for tripping on discarded materials in a factory you are entitled to claim, it is important that the circumstances of the accident are first assessed by a personal injury solicitor. Although the scenario you have described appears to qualify you to make a claim for tripping in a factory, it is important that your accident is properly assessed to determine whether it was caused by the negligence of your employer. Only when an accident in a factory can be established and proven to have been caused by the negligence of an employer will it be possible to make a claim for factory accident compensation.

When calculating compensation amounts in Ireland, the Book of Quantum is used as a reference. The Book of Quantum was compiled on behalf of the Injuries Board by independent consultants as a reference which can be used when calculating compensation amounts. The Book of Quantum lists common injuries by type and location, and suggests compensation ranges based on three degrees of severity of injury.

The Injuries Board will need to determine the severity of your injury, how long it is likely to affect you and whether there is likely to be any long term health implications as a result of your broken leg. When a claim for tripping in a factory is made to the Injuries Board, a medical assessment form must also be submitted as medical evidence to assist with calculation of compensation amounts.

Using the Book of Quantum as a guide, the level of general damages in a claim for injury compensation for tripping on discarded materials in a factory is likely to be in the range of €19,600 and €79,800 for fractures to the upper leg (femur) and €15,400 to €87,300 for fractures to the lower leg (tibia and fibula). Where your injury falls within this range will depend on your age, sex, general state of health, severity of the fracture and any long term health complications which may result from the injury.

For a more accurate calculation of factory trip injury compensation, you should speak with a personal injury solicitor. A personal injury solicitor will also be able to confirm the expenses and costs which can be included in your claim as special damages, in addition to the above amounts of injury compensation for tripping on discarded materials in a factory.