Can I claim nurse fall injury compensation for breaking my arm when my canteen chair broke? I also burned by face when I spilled my coffee. Can this be included in my claim for nurse fall injury compensation?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

It is your legal right to claim nurse fall injury compensation, provided that you sustained an injury caused by the negligence of an employer. An employer has a legal duty to ensure that the workplace is safe and employees can use the facilities at work without being placed an excessive risk of injury. All work equipment and furniture in the workplace must be properly maintained and repaired or replaced should they become a hazard because of their poor condition.

If a chair was in a poor state of repair it should have been removed from the canteen while waiting for repairs to be made. By leaving a faulty chair in the canteen, it represented a health and safety risk which could be classed as employer negligence. As such, a claim for nurse fall injury compensation should be possible. Since evidence of negligence will be required to support a claim for nurse fall injury compensation, you should record the contact details of any witnesses to the accident. Witness accounts will be invaluable should your nurse fall injury compensation claim be contested by your employer, or if your employer believes you contributed to the cause of the accident.

When a nurse fall injury compensation claim is made through the Injuries Board, it is possible to include all the injuries sustained in the accident. Provided that these injuries are recorded in your medical records, they can be included in your claim for nurse fall injury compensation. Your doctor will need to also substantiate your claim for nurse fall injury compensation by submitting a medical assessment form. Your doctor will need to document the injuries and provide details of their severity, and the Injuries Board will use this along with the Book of Quantum to assess how much nurse fall injury compensation is applicable.

You will also be able to claim any reasonable expenses which have arisen as a result of the accident and your injuries. Should you have incurred medical expenses or other costs, provided that receipts or invoices can be supplied to the Injuries Board when you make your nurse fall injury compensation claim, these will be included and will be awarded under ‘Special Damages’.

If you have never previously completed an application for assessment to the Injuries Board or would like advice on how to maximise the value of your nurse fall injury compensation claim, you should speak directly with an experienced personal injury solicitor at the first practical opportunity.