Eoin P. Campbell

Submit your Legal Question

Eoin P. Campbell, LL.B., Solicitor
Editor in Chief

If you have a question about an injury compensation issue we will be happy to provide you with impartial free legal advice.

Either I will answer your question myself or one of our panel of legal experts will get back to you. We have a wide range of professional solicitors with experience in all categories of personal injury claims including road traffic accidents, workplace accidents, medical negligence, children’s injuries.

Please note that it is not ethical for us to provide a second opinion on an existing case.

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What Type of Legal Questions Can I Ask?

You are invited to ask our experts any question about a personal injury that affects you, your child, your spouse or any other person you may have a close relationship with. You question can be about an injury you have sustained due to somebody else´s negligence, the loss of a loved one – or a financial loss – due to the lack of care by a professional person, or the deterioration of an existing medical condition due to clinical malpractice.

We have provided a list below containing the most frequent categories of personal injury claim and published a selection of “Sample Questions” in which you may find the answer to your specific question. Should you wish to contact us for further information about how a specific answer applies in your individual circumstances, please do not hesitate to make use of the “Ask Your Question” box above.

Claiming Compensation for Medical Negligence

The term medical negligence has many different names – “clinical malpractice”, “hospital errors”, “adverse event”. It effectively means that if you or a loved one has suffered an injury, a loss or the deterioration of an existing condition which “in the circumstances and at the time” could have been avoided with an appropriate level of care, you should be entitled to compensation.

Injury compensation claims for medical negligence are often the most complex to resolve, because for an act to be considered “negligent”, it has to be demonstrated that a competent medical professional would have taken an alternative course of action that would have avoided the injury from occurring. Consequently the Injuries Board will decline to assess applications for medical negligence compensation.

Furthermore, an injury may have been caused, not due to the negligence of the medical professional who was performing a procedure, but due to the negligence of an agent of the medical facility (technician, administrator, etc.) in which the procedure was being performed – further complicating injury compensation claims for medical negligence. Typically this complex type of litigation occurs when:

  • Your child has sustained birth injuries before or during their delivery
  • Medical instruments have been left inside you during surgery
  • The diagnosis of an illness was avoidably delayed because of a technical error
  • You contract MRSA or other hospital acquired infection due to a lack of nursing care
  • A doctor has performed wrong site surgery due to being provided with the wrong notes

Claiming Compensation for Workplace Accidents

Most injury compensation claims for workplace accidents can be dealt with by the Injuries Board. However, to ensure that you receive your full entitlement to workplace injury compensation, it is always in your best interests to speak with a solicitor.

Many proposed settlements of compensation for workplace accidents fail to take account of your “loss of amenity” – the incapacity to enjoy your regular pastimes away from work – especially when they are proposed to you by your employer´s insurance company.

There may also be issues about claiming against your employer in a difficult economic environment, or in circumstances in which you may be pressured into forgoing your entitlement to workplace injury compensation to safeguard your employment. Consequently, it is always in your best interests to speak with a solicitor in any of the following scenarios:

  • If you are injured in a fall from height at work
  • When you have sustained an occupational injury at work
  • When you suffer an injury due to lifting or manual handling in the workplace
  • When a claim for workplace injury compensation is disputed by an employer
  • When you have been injured due to using a faulty product at work

Claiming Compensation for Factory Accidents

Most employers make genuine efforts to protect the health and safety of their employees in a factory environment, but there are occasions when foreseeable accidents happen which result in the victim suffering a devastating – an avoidable – injury.

Injury compensation claims for factory accidents have the potential to result in higher financial settlements because of the more severe nature of injuries that can be sustained in a factory. It will be important for you that any settlement of factory accident compensation accounts for the long-term effects of an injury, especially in scenarios in which:

  • You have lost a limb or part of a limb due to working on unguarded machinery
  • You have suffered a serious injury in a factory accident due to faulty machinery
  • You have sustained serious burns due to contact with a harmful substance
  • You have been diagnosed with mesothelioma cancer due to exposure to asbestos
  • You have been injured in a factory due to being hit by a moving vehicle

Claiming Compensation for Farm Accidents

Ireland has twice the incidence of farm accidents as other European countries, and if you or a loved one has been injured on a farm – either due to working on a farm or as a visitor to a farm – you may be entitled to compensation from the farm owner or tenant of the property.

75 percent of all farm accidents are attributable to tractors, machinery, livestock and trips or falls. Children are particularly at risk of a serious injury in a farm accident, and you should speak with a solicitor should you or your child be injured in any of the following circumstances:

  • You or your child are injured in a tractor overturn on a farm
  • You or your child suffer an injury due to an unpredictable animal
  • You or your child contract a water-borne disease due to infected water
  • You or your child are injured due to poisonous hydrogen sulphide gas being released from slurry pits
  • You or your child trip on a hazardous pathway or fall from height due to inadequate safety equipment

Claiming Compensation for Office Accidents

Injuries sustained due to office accidents – or because of poor working conditions – generally go unreported because they do not often result in serious injury. Consequently, many people believe that they are not entitled to injury compensation for office accidents as they have not read about such claims in the press or on other news sources.

However, there have been some significant compensation settlements for injuries from office accidents, and the same advice applies as was given in the “Workplace Accidents” section above – always speak with a solicitor to ensure you receive a fair and appropriate settlement of office accident compensation; especially in such cases as when:

  • You have been hit by an object falling from height
  • You have received an electric shock due to faulty office equipment
  • You have developed an RSI injury because of your office working conditions
  • You have sustained a manual handling injury carrying office equipment or stationary
  • You have over-exerted yourself stretching for equipment in an office stockroom when steps or ladders should have been provided

Claiming Compensation for Accidents in Public Places

This area of personal injury compensation is littered with “ifs, buts and maybes” as there are many misinterpretations of the law regarding compensation for accidents in public places – for example the believe that you can only claim injury compensation for a trip on a raised paving stone if the lip of the stone is more than an inch high.

Liability for an injury in a public place will often be disputed by the negligent party until it is demonstrated that their lack of care caused an accident which could have been prevented. Consequently, it is advisable to seek legal advice at the first practical opportunity if you or somebody close to you has been:

  • Injured slipping on a wet floor in a supermarket
  • Injured falling in a restaurant due to inadequate lighting
  • Injured tripping and falling on an uneven footpath
  • Injured due to a bus hitting a speed ramp too quickly
  • Injured due to an unsecure ride at a funfair

Claiming Compensation for Injuries due to Faulty Products

Compensation claims for injuries due to faulty products can also be complex cases because, if you have purchased a product, it usually has to meet certain quality standards before it can be put on the market in Ireland. However, products do fail, and if you have suffered an injury due to a faulty product you may be entitled to compensation. Such injury scenarios could include:

  • When you sustain an injury due to an electrical appliance not working properly
  • When you develop food poisoning from contaminated food purchased from a shop
  • When you suffer an injury due a faulty medical device or the implanting of a medical device
  • When you are injured due to a chair collapsing because it has a design or manufacturing fault
  • When you have had an adverse reaction to medication which is attributable to the pharmaceutical company´s negligence

Claiming Compensation for Accidents on Holiday

If you sustain an injury on holiday in Ireland, the legislation governing your entitlement to injury compensation is similar to the legislation covering when you are injured in an accident in a public place. However, when an accident happens in another country, or when you are injured travelling to or from your overseas destination, you should speak with a solicitor for advice on:

  • Accident injury compensation for a car crash abroad
  • Claiming for injuries sustained in an accident on a cruise ship
  • Injuries sustained on a plane flying out of or into Ireland
  • Food poisoning due to being served contaminated food in a foreign hotel
  • Accidents in a foreign hotels or slips and trips on a wet surface alongside a swimming pool

Claiming Compensation for Car Accidents

Injury compensation claims for car accidents are the most common category of personal injury claims in Ireland, but they are coming under increasing scrutiny due to the potential for fraudulent claims. Consequently, it is always recommended that you receive specialist advice about claiming compensation for car accidents, especially is circumstances such as:

  • If you are injured in an accident due to the negligence of an uninsured driver
  • If you accident and subsequent injury is attributable to a fault in the road surface
  • If you suffer whiplash in a car accident but the negligent driver denies liability for your injury
  • If you are injured in a hit and run accident from which the driver at fault has left the scene
  • If you are a passenger in a car injured due to the negligence of the driver you are travelling with

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Some Sample Questions

I found out by looking on the Internet that I have been taking the wrong tablets for a thyroid disorder for more than three months. Can I claim compensation for medication errors against my doctor?

In order to claim compensation for medication errors in Ireland, it will need to be proved that you have suffered a loss, an injury or the deterioration of an existing condition due to an avoidable error by your doctor or the pharmacist who dispensed the tablets to you. Read the full answer.

Is it possible to claim compensation for tripping on a manhole cover? How do I go about making a claim?

It is possible to claim compensation for tripping on a manhole cover if the manhole cover was faulty, was not fitted correctly or had a raised edge making it a trip hazard. However, making a claim for compensation for having tripped on a manhole cover can be complicated for a number of reasons. Click here to read more.

I am a postman and I want to claim compensation for a hand injury in a letter box. I severely cut a finger on a sharp edge of a metal letter box and could have totally severed my finger. Can I claim compensation from my employer?

It is highly unlikely that you will be able to claim compensation for a hand injury in a letter box against your employer’s liability insurance policy. In order for a claim for personal injury compensation to be possible, there must have been negligence, a duty of care must have been owed to you and that duty of care must have been breached resulting in an injury being sustained. Click here to read more.

After a massage at a hotel spa I was found to have a tear in my shoulder tendon and now I want to know about spa treatment compensation. I told the masseuse to ease the pressure but he told me it was part of the treatment. Do I have a viable claim?

It is quite possible that you can make a claim for spa treatment compensation, especially since you mentioned to the masseuse that the force he was using was excessive. However, determining negligence in claims such as these can sometimes be difficult and the amount of compensation you are entitled to may be affected by some issues. Click here to read more.

I have been out of work for two months following a back injury caused by lifting a heavy object at work. Can I claim compensation against my employers?

To claim compensation for a back injury caused by lifting a heavy object at work against your employers, it must be established that they breached their duty of care to provide their employees with a safe working environment. Employers should make every effort to prevent employee back injuries by providing an alternative solution to lifting heavy objects, such as by using mechanical equipment. Click here to read more.

How much compensation could I receive if I apply for a crushed vertebrae injury compensation claim?

The amount of compensation you are entitled to for a crushed vertebrae injury compensation claim will depend entirely on your claim’s individual merits. No two claims are exactly alike, even when the injuries sustained are identical. Click here to read more.

Is it possible to claim compensation for being given the wrong medicine and, if so, do I make them against the pharmacist or my doctor?

Before considering against whom a claim for compensation for being given the wrong medicine should be made, it has to first be established that you have suffered an injury or the deterioration of an existing condition because a pharmacist´s or doctor´s error and that you did not contribute to that injury or deterioration by your own lack of care. Click here to read more.

I hurt my finger when I slipped on a wet patch in a supermarket and wanted to know if I can claim fractured finger compensation.

You would be entitled to claim fractured finger compensation if it can be proven that your injury was due to the supermarket owner or manager’s negligence. Supermarket owners have a legal duty of care to provide their customers with a safe and clean shopping environment and any breach of this care that leads to an accident resulting in an injury would make the owner responsible. Click here to read more.

Can I claim compensation for an accident in a post office for a trip and fall due to a poorly located display? I dislocated my shoulder and tore ligaments in my arm when I fell over the base of a display which was located in the walkway to the counter.

You should be entitled to make a claim for compensation for accident in a post office provided you can establish and prove that the trip and fall in a post office which caused you to sustain injuries resulted from the negligence of a third party who owed you a duty of care. Click here to read more.

I sustained an office injury on a wet floor due to no cleaning sign being used. I slipped and broke my wrist but my manager has told me I cannot claim as I should have seen the cleaner and taken extra care. Is this correct?

It is usually possible to make a claim for an office injury on a wet floor due to no cleaning sign, although it is not possible to determine with 100 percent certainty whether you are eligible to claim for an office injury on a wet floor due to no cleaning sign without having further information on the circumstances under which you slipped. We therefore recommend that you speak with a personal injury solicitor for clarification of your eligibility to make a claim for office injury compensation. Click here to read more.

I have received an offer of 100,000 Euros as machinery injury compensation from my employer’s insurance company. I lost my right arm in a machinery accident at work. Should I accept this offer? Is it fair?

The offer of machinery injury compensation from your employer’s insurance company may appear to be substantial; however considering the severity of your injury and the loss of amenity that the amputation of your right arm will cause you, the offer seems to be particularly low. Click here to read more.

My mother was involved in a serious car crash and I want to know about what is included in head trauma compensation? She will probably need health care for the rest of her life.

A head injury sustained in a car crash must be taken very seriously, and a number of factors should be considered in head trauma compensation, assuming that your mother was the innocent party and did not contribute to the accident or her injuries. Naturally, the severity of your mother’s injury and her pain and suffering will be included in her compensation settlement but any psychological trauma she experienced can also be included, along with any financial expenses and her “loss of amenity”. Click here to read more.

I am apprehensive about claiming compensation for an office injury because I think it will reflect badly on my future employment prospects. Am I right to be worried?

Offices are generally considered to be much safer working environments than factories or construction sites, but many types of office injury still occur. Stiff necks from inadequate workstations, injuries acquired when tripping over loose cabling and slips on wet or worn flooring all contribute to the large number of musculoskeletal office injuries reported to the Health and Safety Authority each year. Click here to read more.

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?

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. Click here to read more.

Can compensation for being injured by an overturned forklift truck be claimed against an employer for lifting excessive loads? I broke my collarbone when my forklift truck overturned after becoming unstable lifting a heavy load.

In order to confirm your eligibility to make a claim for compensation for being injured by an overturned forklift truck you should speak with a personal injury solicitor. It will be necessary to assess your overturned forklift truck injury compensation claim to determine whether the forklift truck accident occurred primarily due to employer negligence. Click here to read more.

Do I need a solicitor to make a personal injury claim?

While in theory it would be possible for you to do all your own legal work, in practice it would be extremely unwise to do your own paperwork on anything expect the most simple personal injury claim. Click here to read more.

Is it possible to claim compensation for falling on loose gravel on a street pavement or only for tripping over paving stones?

You can claim compensation for falling on loose gravel on a street pavement if you sustained an injury in the accident which can be directly attributable to the negligence of a third party. However claiming compensation for falling on loose gravel on a street pavement can be more complicated that claiming for a trip over loose or raised paving stones. Click here to read more.

Can I claim compensation for needle stick injuries at work after contracting hepatitis B from a discarded hypodermic needle? I have been also diagnosed with PTSD. Can this also be included in a needle stick injury claim?

Failure to dispose of needles and sharps correctly and to place them in standard rubbish bins is a serious breach of health and safety regulations, and it may be possible for you to claim compensation for needle stick injuries at work against your employer’s liability insurance policy. Due to the high risk of injury from sharps and needles it is essential that they are disposed of correctly in designated sharps bins to ensure that biological material is destroyed and needle stick injuries can be prevented. Click here to read more.

Is it too late to make a claim against a gynaecologist for compensation if I have just found out that I am unable to have any more children because of a procedure I underwent several years ago?

If you have just discovered that you are unable to have any more children due to a procedure that you underwent several years ago, you may still be eligible to make a claim for gynaecologist compensation. The Statute of Limitations in Ireland permits you two years from the “date of knowledge” that an injury has been sustained to make a claim against a gynaecologist for medical negligence; however before you can be sure that you are entitled to claim compensation for a gynaecological error, it has to be established that your gynaecologist was negligent and that you sustained an injury which could have been avoided had another course of action been taken or greater care been taken when you underwent the procedure. Click here to read more.

Can I make a compensation claim for pedestrian knocked down by car?

It is possible to make a compensation claim for pedestrian knocked down by car against the insurance company of the person driving the car; provided that the accident was caused by the negligence of a third party and that the injury sustained was severe enough to warrant medical attention. In the majority of cases filed by pedestrians, the pedestrian was usually not at all responsible for the accident and the potential for a successful claim for pedestrian injured by car compensation is high. Click here to read more.

I understand that children can claim compensation for difficult birth medical negligence when they have sustained an avoidable injury during the delivery process, but what about the mother if she sustains an avoidable injury?

If a mother has sustained an avoidable injury during the delivery process, she has the same rights as her child to claim compensation for difficult birth medical negligence – with the only difference being that a mother´s claim must be made within two years of the injury being identified. However there are issues associated with a mother claiming compensation for medical negligence at birth as there is a considerable element of pain in giving birth and, through the elation of bringing a new life into the world, injuries received at the time are rarely acknowledged or reported. Click here to read more.

Should I accept an offer of 35,000 Euro compensation for fractured pelvis at work or will I receive more if I claim against my employer?

It is impossible to determine whether the offer of compensation for fractured pelvis at work accurately reflects your injury and its consequences and is worth accepting, or whether you would receive a higher figure from the Injuries Board assessment or through the Irish courts without knowing the complete details of your case. Each claim for work fractured pelvis is unique and compensation should be calculated based on its individual merits, and there are a number of elements which should influence the amount of fractured pelvis injury at work compensation you could receive. Continue reading this answer.

Is it possible to claim compensation for slipping on a garage forecourt? I slipped on oil and broke two teeth when I fell.

In order to claim compensation for slipping on a garage forecourt, it is not sufficient to prove that oil on the floor was responsible for your slip and fall injury. Although garages have a duty of care to provide a safe environment for customers, that duty of care is not “absolute”. Click here to read more.

How much compound fracture compensation can I expect to get if I make a claim today?

It is not easy to estimate the amount of compound fracture compensation someone can potentially receive as the value assigned to every case depends on its individual merits. A compound fracture is a serious injury and the victim should be entitled to a substantial claims settlement; provided that their accident was caused by the negligence of another party. Click here to read more.

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?

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. Click here to read more.

Can I claim nurse slip injury compensation for ankle ligament damage due to a fall on a wet vinyl floor in a hospital? My manager said that the floor was being cleaned and I should have seen the cleaners and taken action to avoid the wet floor.

Unfortunately it is not possible to confirm whether you are eligible to claim nurse slip injury compensation without further information about the circumstances which led to you slipping and falling on the wet vinyl floor. For confirmation of your eligibility to claim nurse slip injury compensation you should speak with a personal injury solicitor for advice. Click here to read more.

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

Without conducting an evaluation of your electric shock injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a electric shock 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 electric shock injury compensation claim and the independent medical examination you underwent. Click here to read more.

I believe that I may be able to make a claim for compensation for hair loss from hair dye as I have suffered a substantial amount of hair loss in the past month since having my hair coloured. Is it possible to claim compensation without having official evidence even though my hair loss must be due to the hair dye?

It is possible to claim compensation for hair loss from hair dye but only if it can be proven that your injury was sustained due to the negligence of the beauty salon at which the hair colouring treatment was applied. It is imperative, therefore, that you see a doctor who can diagnose the reason behind your hair loss. Click here to read more.

My son was bitten by the neighbours dangerous Rottweiler; can he claim cartilage injury compensation?

Your son should be able to claim cartilage injury compensation if negligence can be attributed to the dog’s owner. If the dog was known to be a danger to people and the neighbour still allowed your son to pet it – or if it was not wearing a muzzle as is required by law – your son may be entitled to claim compensation for his injury. Click here to read more.

When is it possible to claim fragile roof fall injury compensation against an employer? I want to make a claim but my employer believes that he is not liable for my injuries.

A claim for fragile roof fall injury compensation will be possible if you were injured in an accident while working on or around a fragile roof, and the accident could have been prevented by your employer had he fulfilled his legal obligations to make the workplace safe under the Work at Height Regulations. Click here to read more.

How can I calculate how much work chair injury compensation I can claim for fracturing my wrist and damaging the muscles in my shoulder?

Calculating the maximum level of work chair injury compensation that can be claimed is often complicated. How much compensation for a work chair injury you will be entitled to is going to depend on the extent of your injury in relation to your age and general state of health prior to your accident, and how the injuries you sustained affect your quality of life. Read the full answer here.

Do I have a claim for compensation for an accident in a supermarket car park if the wheels of the trolley I was pushing back to my car got trapped in a drain and toppled over? I fell at the same time as the trolley and badly cut my head.

The likelihood is that that you will be able to claim compensation for the accident in a supermarket car park, but there are certain procedures that you may need to complete first if you have not done so already. Click here to read more.

I dislocated my shoulder when I slipped and fell on spilled liquid in the warehouse, but I was told that I cannot claim supermarket employee work injury compensation as I am entitled to full sick pay. Is this correct?

Any member of staff who is injured while working in a supermarket is entitled to claim supermarket employee work injury compensation if the accident which caused the injury was a result of their employer´s negligence. Employers owe a duty of care to their staff to make sure that the workplace is safe and when that duty of care is broken, and an injury is sustained, supermarket employee work injury compensation can be claimed against an employer’s liability insurance policy. Click here to read more.

My child was involved in an accident at school and was injured with a fractured arm. I would like to know how the Statute of Limitations for Minors could affect his claim for personal injury compensation and how to go about making a claim.

Broadly speaking, the Statute of Limitations refers to the time limit a person has to make a claim for personal injury compensation, however; the Statute of Limitations for minors is an exception to the general rule. Click here to read more.

Since getting my hair dyed last week I have experienced a considerable amount of hair loss and have started to wonder whether I may be eligible for compensation for hair dye loss of hair. Can I make a claim against the salon for causing my hair loss?

It may be possible for you to make a compensation for hair dye loss of hair claim if it can be proven that your hair colourist behaved negligently by using an “off the scalp” hair dye or bleach instead of a milder product by which your hair loss could have been avoided. In order to establish the salon’s liability, it is recommended that you return to the salon at the first practical opportunity and ask for details about the product that was used. Click here to read more.

I have been diagnosed with tinnitus and want to claim defective equipment injury compensation as I wear ear defenders at work but I have still suffered hearing problems. Is this possible and what should I do next?

A claim for defective equipment injury compensation should be possible in your case as you have sustained an injury which could have been avoided had you been provided with fully functional personal protective equipment. However, what is not clear is who the respondent should be when you make your defective equipment injury compensation claim. Click here to continue reading.

I slipped on a dirty floor in my local supermarket and damaged my coccyx when I fell. Is it possible to claim compensation for my injuries because the supermarket was not kept clean?

You will be able to claim compensation because you slipped on a dirty floor in the supermarket if it can be shown that your lower back injury was attributable to the negligence of the supermarket management or its staff. This can sometimes be difficult when it may be hard to prove that the floor was dirty after the event and determine how long the floor had been in its condition. Click here to read more.

I want to make a DART injury compensation claim for a cut to my hand that was caused by a sharp edge on a seat on the train. Will this be possible and if so, how much compensation am I likely to receive?

You should be entitled to make a DART injury compensation claim against the train operator’s public liability insurance policy, provided your cut was severe enough to warrant medical attention being sought. If you needed to visit a hospital for stitches or had your cut examined by a doctor, it should be possible for you to recover injury compensation for an accident on the DART. Click here to read more.

Can injury compensation for a nurse tripping in a hospital be claimed against an independent contractor, or must trip injury claims be made against an employer’s insurance policy? I tripped over an extension cable being used by a workman.

Claims for injury compensation for a nurse tripping in a hospital can be made provided the trip injury was the result of third party negligence. Usually nurse trip injury claims would be made due to the negligence of an employer, as an employer is responsible for making sure the workplace is safe and free from trip hazards. Click here to read more.

If I was playing with a dog when I was injured, can I still make a compensation claim for ear laceration against the dog owner?

It may be possible for you to make a compensation claim for ear laceration if it can be proven that the owner of the dog acted negligently. For instance, allowing the dog to interact with people when it has a history of aggression would be considered as negligence. See more details.

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

Without conducting an evaluation of your rib injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a rib 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 rib injury compensation claim and the independent medical examination you underwent. Click here to read more.

I have a visible scar beneath my right eye after surgery for eye bag removal. Is this sufficient to claim compensation for a cosmetic surgery error?

There are several issues surrounding a claim for compensation for a cosmetic surgery error which need to be addressed before suggesting whether or not you could be entitled to compensation. Click here to read more.

Can you explain the claim process for recovering office slip injury compensation? It is not something that I have ever considered doing and I know nothing about the claims process.

The first step in the legal process of recovering office slip injury compensation is to submit an application for the assessment of your claim to the Injuries Board. The claim forms for doing so can be downloaded from the Injuries Board website. Read the full answer.

Is it possible for me to claim thumb injury compensation? I know it is only a small injury but it has seriously affected my life as I cannot drive to work or my children to their activities.

You would be entitled to claim thumb injury compensation if it can be proven that the injury was caused by a negligent party. Once this has been established, you can begin the process of claiming compensation for your injury. Click here to read more.

How much compensation for an injury due to faulty factory equipment can be claimed for losing my forearm in an accident? There was no safety guard on the machine and my arm was severed when I slipped and fell on the machine.

The amount of compensation for an injury due to faulty factory equipment for the amputation of your forearm requires careful consideration. There are many factors which must be taken into account before an accurate compensation amount can be determined. Continue reading this answer.

My friends have told me I should claim compensation for death in a factory against my husband’s employer. What do I need to do? Should I make an accidental death compensation claim immediately?

At a time when you are coming to terms with the loss of your husband in the factory accident, making a claim for compensation for death in a factory is no doubt the last thing that you want to have to deal with. Although nothing will bring back your husband and make up for your loss, it is important to make a claim for compensation for death in a factory to ensure that you and your family are not made to suffer financially due to the factory accident which took your husband from you. Click here to read more.

I read that it is possible to make a claim for compensation for a nurse assaulted at work by a patient. I was assaulted by a patient at work and suffered a broken nose and fractured jaw and want to know how I can make a claim.

It is true that a claim for compensation for a nurse assaulted at work by a patient is possible; however this is a particularly complicated area of personal injury law. The potential issue with a claim for an assault on a nurse is that often that the assault is made by a patient of diminished mental capacity, who may not be legally accountable for his actions. Click here to read more.

I tripped on a pothole on the street and broke my ankle but I am unsure how best to go about making a claim for compensation. Can you help?

Claiming compensation for having tripped on a pothole on the street is certainly possible, but since there are many factors which can affect your eligibility to make a claim for a street pothole trip you should speak with a solicitor. Only after listening to the circumstances which led to a street pothole trip, the location of the pothole and the nature of your injuries is it possible to confirm eligibility to make a claim. Click here to continue reading.

My boss says I cannot claim compensation for severed finger because I should have reported that the saw guard was missing – is he right?

Although we can assume that you noticed the saw guard was missing and continued you use the equipment that led to your injury, you should still be able to claim compensation for severed finger; but only if it can be proven that your employer breached his legal duty of care. Although employees must adhere to health and safety regulations, it is the employer’s responsibility to provide their staff members with a safe working environment. Click here to read more about this question.

Can I claim shop accident injury compensation if my accident happened two months ago? I fractured my patella in an accident when I tripped over a pile of shoes in a well-known shoe shop chain.

It is possible to claim shop accident injury compensation, even if your accident occurred two months ago, although there may be some potential difficulties if you have not already carried out the standard procedures that should be followed after an accident such as yours. Additionally, it must be proven that the shop in question failed in their legal “duty of care” to provide their customers with a safe and clean shopping environment. Click here to read more.

I want to claim compensation for an injury sustained working in Tesco, but my manager has told me that the accident was not the fault of Tesco. The accident was due to a damaged floor surface in my opinion. Can I make a claim?

If you want to determine whether you are actually entitled to claim compensation for an injury sustained working in Tesco, you should speak with a personal injury solicitor. Your manager is perhaps unlikely to condone taking legal action to recover personal injury compensation for accidents which may well have resulted from his negligence. Even if your manager was not to blame, a claim for compensation for injury sustained working in Tesco may reflect badly on him and his department – consequently influencing the advice he gives you. Click here to read more.

How do I prove my employer´s negligence if I want to make claims for compensation for ladder injuries at work?

It is not necessary to prove your employer´s negligence before making a claim for compensation for ladder injuries at work because your employer will accept or deny liability when the Injuries Board Ireland write to him or her asking for consent to process your application for assessment. Only if he or she denies their responsibility for your ladder injuries at work will you have to establish liability in order to pursue a claim for ladder injuries at work through the courts. Click here to read more.

Should I accept the Injuries Board assessment of how much compensation for bruising at work even though I think it seems too low?

It is impossible to recommend whether you should or should not accept the Injuries Board’s assessment of how much compensation for bruising at work without executing a full evaluation of your claim for work related bruising. The Injuries Board Ireland would have made their calculations based on the information you supplied when you submitted your application for assessment and also from the independent medical examination you undertook. Continue reading.

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?

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. Click here to read more.

Who is a compensation claim for the removal of the wrong kidney made against?

A compensation claim for the removal of the wrong kidney is usually made against the Health Service Executive (HSE) or the private medical centre at which the procedure was performed. It is rarely the case that a claim for removing the wrong kidney is made against an individual consultant or surgeon, as they are regarded as the “servants and agents” of the employing authority. Click here to read more.

I have seen several references to third party capture on your web site. Please could you explain what is third party capture and how it might affect my injury compensation claim?

Third party capture is a term which relates to a direct approach by an insurance company to a potential claimant who has suffered a personal injury due to the negligence of their policyholder. Often these approaches are made soon after an injury has occurred and when the potential claimant is at their most vulnerable. Click here to read more.

I slipped on spilt coffee in the office kitchen and twisted my ankle as I fell; however I was told by my employer that I cannot claim compensation for slipping on tea or coffee in an office. Is this correct?

It may be possible to claim compensation for slipping on tea or coffee in an office; however in practice it is likely to be complicated. Office slip injury compensation is usually claimed for slips on spillages due to leaking equipment or from wet floors left after cleaning. Click here to read more.

Under what circumstances is it possible to claim compensation for hysterectomy complications?

Despite a hysterectomy generally being a relatively safe procedure, there are still circumstances in which it will be possible to claim compensation for hysterectomy complications. The same conditions of injury and negligence still apply when making a claim for hysterectomy complications compensation, so you must have sustained an avoidable injury due to the negligence of a medical practitioner in order to be eligible to claim compensation for hysterectomy complications. Click here to read more.

I hurt my back when lifting heavy boxes at work and wanted to know if I can claim against my boss for slipped disk compensation.

Provided that it can be proven that your employer breached the duty of care he is obliged to provide you with under the Safety, Health and Welfare at Work Act, and where your injury was caused by your employer’s negligence, you will be able to pursue a slipped disk compensation claim. Click here to read more.

Can I claim additional shoulder injury compensation if I am unable to drive?

Shoulder injury compensation is comprised of two parts – General Damages and Special Damages. General Damages account for the physical pain and suffering you experienced at the time of your shoulder injury and throughout the healing process. Special Damages should cover any out of pocket expenses you incur as a result of your injury. Click here to read more.

My husband died a few years ago in an accident and I know that I am entitled to make a claim for compensation. However I am unsure of what the Statute of Limitations for fatal injuries is and wondered if you could inform me.

The loss of a loved one in a fatal accident is a terrible experience and it is completely understandable why you wish to pursue a “personal injury” compensation claim and – given the time relatives need to grieve – the Statute of Limitations for Fatal Injuries is an important issue. Click here to read more.

Can someone claim compensation from a department store if they were injured walking into an automatic door? My sister received quite a bad head injury when this happened to her.

If it can be proven that the door was faulty and that there was not an adequate sign displayed to warn people of the hazard and direct them to an alternative entrance/exit, it is possible to make an injured walking into automatic door claim. The department store will be deemed negligible and in breach of their legal duty of care to provide a safe shopping environment for its customers if no visible sign was displayed and they would, therefore, be deemed responsible for your sister’s accident. Click here to read more.

My father has recently been diagnosed with mesothelioma cancer due to being exposed to asbestos in a factory he worked at thirty years ago. The company for who he worked is no longer in business, so is it still possible to claim mesothelioma cancer compensation?

Although the company for which your father worked is no longer in business, it may still be possible to make a claim for mesothelioma cancer compensation against the company´s former employer liability insurers. You should be able to find out which insurance company insured your father´s employers through the Companies Registration Office, but this may become complicated if the insurance company changed its name or has been taken over by a larger firm. Click here to read more.

How do I make a claim for surgeon negligence compensation if the Injuries Board do not accept assessments for medical negligence?

The way to claim surgeon negligence compensation – or any form of medical negligence compensation in Ireland – is to use a solicitor. This is quite simply because medical negligence cases are the most complex area of compensation law in Ireland and the Injuries Board´s remit is to speed through the highest volume possible of personal injury compensation claims without getting involved in the difficult ones. Click here to read more.

I have been offered €20,000 as compensation for a crush injury in a factory by my employer’s insurance company for breaking both legs in a forklift truck accident. Is this level of compensation reasonable?

The first step you can take to determine whether how much compensation for a crush injury in a factory you have been offered is reasonable is to check the Book of Quantum. You can find a copy of this reference on the Injuries Board website, and can check your injuries against the factory crush injury compensation amounts listed to see if they fall within the appropriate range. Click here to read more.

Does it take a long time to claim compensation for a wrong finger amputation?

The actual process to claim compensation for a wrong finger amputation is very straightforward; as there is no defence against a claim for amputating the wrong finger, and therefore it is only a question of determining how the mistake came to be made, rather than having to prove that the amputation of your wrong finger was a negligent act – which undoubtedly it was. Click here to read more.

Before I could start a claim for compensation for tripping in Tesco supermarket, where I broke my arm, the supermarket offered me 5000 Euro. Should I accept?

The amount of compensation for tripping in Tesco supermarket should always depend on your case’s individual merits. The amount one person is entitled to can differ greatly from the amount another person with the same injury, injured in similar circumstances, would qualify for. Click here to read more.

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

Without conducting an evaluation of your concussion injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a concussion 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 concussion injury compensation claim and the independent medical examination you underwent. Click here to read more.

I have been told that it can take over a year to receive trigger finger compensation. Is this correct? Is there any way that I can get compensation paid quicker than this?

You have been advised correctly, as it can take over a year from the date of the application to the Injuries Board for an assessment of your trigger finger compensation claim to be completed and a cheque sent to you by your employer’s insurance company. Claiming compensation can be a long winded process, however this does not necessarily mean you will have to wait a year to receive compensation. Click here to read more.

How long will it take for me to receive compensation for injury in a factory explosion? I have been off work for three months and desperately need to recover loss of earnings.

It is not possible to tell you how long it will take to recover compensation for an injury in a factory explosion, as there are many factors which can affect the length of time it takes from the date a claim is submitted to the Injuries Board to when the claim will be successfully resolved. What is important however, is for you to prepare your application for assessment and initiate the claim for compensation for an injury in a factory explosion with the Injuries Board as soon as possible. Click here to continue reading.

Can I claim slip on pavement compensation for a slip and fall on private property?

Provided that your slip and fall on the pavement was the result of third party negligence, it should be possible to claim slip on pavement compensation. Most claims for slip on pavement compensation are made against the local authority for failing to maintain a safe pavement or against a utility company for digging up the pavement and failing to return it to a safe and usable state. Click here to read more.

Will I have to go to court to recover compensation for laser eye surgery errors after I developed night vision problems which will need revision surgery to correct?

Although claims for compensation for laser eye surgery errors are considered to be medical negligence claims, and consequently any applications submitted to the Injuries Board Ireland will be declined, you may be able to recover compensation for laser eye surgery errors without a court hearing. Click here to read more.

Can I claim compensation if I have been burned at work due to the negligence of a colleague?

Even though you were burned at work by a colleague, your employer has a legal obligation to provide you with a safe environment in which to work. This includes the training and supervision of your colleague and performing a risk assessment that your colleague is capable of safely fulfilling the task which has been allocated to them. Click here to read more.

Is it possible to claim occupational dermatitis compensation against my employer? The skin on my hands is broken and my hands bleed. It is so bad I can’t work and I’m even embarrassed to leave the house. Will it be worthwhile making a claim?

It is possible to claim occupational dermatitis compensation against an employer; however only when the condition has developed as a direct result of avoidable contact with an irritant in the workplace. There are also a number of conditions which must be met in order for an occupational dermatitis compensation claim to be made. Click here to read more.

My former employers are contesting liability for injuries I sustained in a pharmaceutical plant accident on the grounds of human error. Can they do this?

If you have sustained injuries in a pharmaceutical plant accident, you should be entitled to compensation – even if the human error your former employers are citing as a defence was your own. Click here to read more.

I underwent surgery for a carpal tunnel syndrome one month after the diagnosis was first made. Now I discover the injury would have healed itself with rest and support. Can I make a claim for unnecessary surgery compensation?

In this scenario, there are several questions that need to be answered before you would be advised to make a claim for unnecessary surgery compensation. The primary one is whether the surgery led to an injury being sustained or the deterioration of an existing condition. Click here to read more.

How much can I claim for facial waxing injury compensation if I suffered with burns on my chin? I feel like I can’t go to work as I am very embarrassed to be seen in public.

The amount of facial waxing injury compensation you are eligible for relies on a number of different factors. Every compensation claim for a facial waxing injury is unique because of the different implications a facial waxing injury can have on a person’s quality of life. Read the full answer.

I hurt my back lifting a heavy patient on the ward but my manager insists I am not entitled to nurse work injury compensation because lifting heavy patients is a task I accept as part of my job irrespective of the risk to my health. Is she right?

Inasmuch as there is an accepted element of risk when working in the nursing profession, you are still entitled to nurse work injury compensation if you have sustained an injury which could have been prevented had your employer taken greater care of your health. All employers have a “duty of care” to provide their staff with a safe environment in which to work and a legal obligation to conduct a risk assessment before any task is undertaken to identify hazards to health and eliminate them wherever possible. Click here to read more.

I work in a hairdressing salon and have started to develop an itchy rash on my hands. My friend tells me that it is work dermatitis. What is work dermatitis and can I claim compensation for it?

Work dermatitis is a blanket term which covers a number of occupational skin sensitivities. Work dermatitis can be caused by contact with irritants such as – in your case – shampoos and conditioners, or by working with substances to which you have developed an allergic reaction. Click here to read more.

My husband is thinking about making a compensation claim but I wanted to know do you have to you to court for compensation?

Most personal injury compensation claims are assessed by the Injuries Board Ireland in the initial stages of the compensation process, and on the completion of their evaluation, a compensation value is assigned; however “do you have to go to court for compensation?” is an extremely valid question as this proposed value is often rejected. Click to read the full answer.

My employer’s insurers have offered me compensation for cut hand at work – should I accept?

It is difficult to recommend whether you should or should not accept the compensation for cut hand at work that your employer’s insurance company has offered. The amount of compensation that you may genuinely be entitled to will be influenced by several different elements – not least for the pain and suffering you have experienced due to the injury you sustained. Find out more.

Would I be eligible to make a compensation claim for a back injury at work if I hurt my back falling down some damaged steps outside the office?

You should be eligible to make a compensation claim for a back injury at work, however you may find that it is not your employer against whom the claim is made but the person or persons responsible for the safety of the building in which your office is located. Click here to read more.

Would an employee of mine be entitled to claim tractor accident compensation if he took a short cut to finish ploughing a field before poor weather blew in and rolled the tractor – breaking his arm in the process?

Whether your employee is entitled to claim tractor accident compensation is going to depend on his motive for making the manoeuvre which caused the tractor to roll. If he was acting on his own volition, he could be considered to have been responsible for his injuries by his own lack of care and thereby ineligible to make a compensation claim for a tractor accident. However, if he was trying to complete his assignment under instructions from you to finish the job before the poor weather started, you could be held fully or partly responsible in a claim for tractor accident compensation. Click here to read more.

What is the process for claiming compensation after construction falls?

Two criteria have to be fulfilled before you are able to claim compensation for construction falls – that you sustained an injury of some kind and that your employer or other party was negligent in some way and responsible for the accident. Click here to continue reading.

I have just been informed that I have breast cancer, and the tumour is at an advanced stage. I have regular mammograms and my radiologist believes that the tumour was missed in a previous examination. Can I claim compensation for the initial failure to diagnose my condition?

For a failure to diagnose compensation claim to be successful it has to be proven that the omission in diagnosing your condition has led to a subsequent injury. In the above question it would appear that this is the case, as an early diagnosis of breast cancer would have resulted in a greater number of treatment options and a higher chance of successful recovery. Click here to read more.

How can I claim for broken rib compensation? I broke my rib after falling off a broken ladder at work.

In order to claim for broken rib compensation it must first be established that your injury was sustained as a result of someone else’s negligence. As your employer has a legal duty of care to provide you with a safe working environment, the blame for your accident would likely fall on him or her since the broken ladder you fell off was probably a consequence of the failure in his duty of care. Click here to read more.

I tripped and fell in an office reception area while delivering a parcel. The doormat was curled at the edge and I tripped and dislocated my shoulder. Can I make a claim for trip injury compensation?

It is possible to claim compensation if you tripped and fell in an office reception area while making a delivery, provided that the trip and fall was the result of third party negligence and there was a failure in a duty of care. Under the Occupier Liability Act (1957, revised 1995) the occupier of a building has a ‘common duty of care’ to ensure that a visitor can enter the premises without risk of sustaining an injury or damage. Click here for the full answer.

I have been offered compensation for a factory injury due to chemical exposure by my employer’s insurance company. My wife has told me I should take it, but the offer seems very low. What should I do?

If you have received an offer of compensation for a factory injury due to chemical exposure by your employer’s insurance company, the first step you should take is to seek an independent assessment of the offer from a personal injury solicitor. While the promise of a quick payment of compensation may be attractive, it is important that the decision to accept the offer is carefully considered and that the compensation amounts are assessed to determine if they are fair and adequate. Click here to read more.

Should I use a solicitor to claim compensation for a gassing injury in a factory? I was exposed to chlorine gas at work and my doctor has told me I have developed irritant induced asthma as a result of breathing in the gas.

A gassing injury in a factory which has caused irritant induced asthma is likely to involve considerable damages; it would therefore be strongly advisable to pursue compensation for a gassing injury in a factory with the assistance of a solicitor. Making a personal injury claim is a one time opportunity to receive recompense for your injuries and it is in your best interests to prepare the strongest possible claim. Click here to read more.

Am I too late to make a claim against a consultant doctor if my son´s paediatrician misdiagnosed him with epilepsy four years ago?

In Ireland, you have two years to make a claim against a consultant doctor for a misdiagnosis from the “date of knowledge” – the date on which a misdiagnosis is discovered rather than the date the original misdiagnosis was made. However, in the event that a claim against a consultant doctor is being made for an injury to a child, the child has two years from the date he or she reaches eighteen to claim compensation for a consultants misdiagnosis if a claim is not made by a parent or guardian acting as a “next friend” beforehand. Read the full answer.

I suffered a painful rash when I had my hair coloured a few days ago, am I entitled to compensation for an allergic reaction to a beauty treatment? My friend asked if I had a patch test and I didn’t, does this mean something?

You may claim compensation for an allergic reaction to a beauty treatment if your hair stylist failed to provide an adequate duty of care. By not carrying out a patch test at least 48 hours before performing the beauty treatment, your stylist acted negligently and is responsible for your injury. Click here to read more.

My employer says that I am not eligible to make power tool accident compensation claims for an injury I got from a drill because I was using it incorrectly. Is he right?

There are two possible scenarios that will determine your eligibility to make power tool accident compensation claims against your employer – the first being a lack of risk assessment, training and supervision by your employer, and the second being your own contributory negligence. Click here to read more.

I suffer from a lot of back pain and my doctor believes that it could be associated with my job. What do I need to do to claim work back pain compensation?

Unfortunately, you did not explain what it is that you do for a living, and work back pain injuries can be caused by many different situations. The most common sufferers of back pain in the workplace are those employed in jobs which involve manual handling. Click here to read more.

Is it possible to claim injury compensation for slipping on freshly mopped floor with no warning signs in supermarket?

Provided that you sustained an injury in the accident that required professional medical treatment, you should be eligible to claim injury compensation for slipping on freshly mopped floor with no warning signs in supermarket. Compensation for a slip on a supermarket floor can only be recovered for an injury which has been examined by a medical practitioner and documented in your medical history. Read the full answer.

Is it possible to claim compensation for tripping and falling over an electrical extension cord in a factory? My employer said I cannot claim for this type of accident. Is that true?

It is possible to claim compensation for tripping and falling over electrical extension cord in a factory; however whether you are entitled to do so will depend on the circumstances of the accident, the nature of the injuries you sustained and the action you took after the accident. Click here to read more.

It is possible for me to claim compensation for swabs left in a patient after a surgical procedure if I developed an infection due to a medical practitioner´s negligence? If so, how much would I get?

If you developed an infection due to a medical practitioner´s failure to remove swabs during a surgical procedure, you should be entitled to claim compensation for swabs left in a patient. However, as the Injuries Board Ireland decline any applications for assessment which concern the negligence of a medical practitioner, you will need to use the services of an experienced medical negligence solicitor to pursue your claim. Click here to read more.

How do I know if I qualify to claim compensation for pedestrian injured by car?

In order to claim compensation for pedestrian injured by car a number of criteria must first be met. For one, the injury you have sustained must have been the result of the negligence of the car driver who had a duty of care towards you at the time of the accident. Sustaining an injury without there being any third party negligence is inadequate cause to pursue a claim for pedestrian car injury compensation. Click here to read more.

Is it possible to claim misdiagnosis of diabetes compensation if you were originally diagnosed with diabetes and later told you did not have it?

Inasmuch as it may appear to be a clear case of medical negligence to be initially diagnosed with a disease that you do not have, in order to claim misdiagnosis of diabetes compensation it also has to be shown that you sustained an injury or the deterioration of an existing condition due to the treatment you were prescribed for the non-existent diabetes. Click here to read more.

How is compensation for a claimant´s “loss of amenity” applied in claims for medical procedure errors compensation?

In order to explain “loss of amenity” in the context of claims for medical procedure errors compensation, it is best to first explain what “loss of amenity” means and apply it to several examples where medical procedure errors have occurred. Click here to read more.

How do you establish liability when you want to claim compensation for a miscarriage due to medical negligence?

In Ireland, it is often impossible to claim compensation for a miscarriage due to medical negligence as civil law does not recognise foetuses as ‘persons’ until such time as they are born. Any claim for an avoidable miscarriage during pregnancy therefore has to focus on the mother – any physical injury that she has sustained and her undoubtable grief. Click here to read more.

Am I entitled to claim compensation for burned skin following a beauty treatment if my scalp was burned by a hairdryer operated by a trainee stylist? I have attended the same salon for years and they are aware of my sensitive skin.

It is possible for you to be able to claim compensation for burned skin following a beauty treatment since the stylist blow drying your hair should have administered a better duty of care. As other employees of the salon know that your scalp is sensitive, it should have been noted in your client file and the trainee stylist ought to have been made aware of the fact. Click here to read more.

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

Without conducting an evaluation of your tendon injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a tendon 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 tendon injury compensation claim and the independent medical examination you underwent. Read the full answer.

Is it possible to claim compensation for being hit by a car on a pedestrian crossing?

You may be entitled to claim compensation for being hit by a car on a pedestrian crossing against the driver of the car that caused the accident; provided that the accident can be proven to have been caused by the negligence of a third party. Sustaining an injury without there being any third party negligence is insufficient cause to pursue a claim for being injured by a car on a pedestrian crossing. Read the full answer.

Would my father be entitled to claim for a hospital patient slipping in the shower due to inadequate nursing care and, if so, would his injuries be due to medical negligence?

The viability of your father´s potential claim for a hospital patient slipping in the shower due to inadequate nursing care is going to depend on the reasons why his accident happened and why you believe that the presence of a more attentive nurse – or indeed a nurse at all – would have prevented his injuries from being sustained. Click here to read more.

I recently developed a rash around my mouth that I believe may be a result of my false nails and would like some information on compensation for an allergic reaction to false nails. Can you tell me if I can make a claim against the salon where I got them done?

You may be eligible to claim for compensation for an allergic reaction to false nails if it can be established that negligence has occurred. However, before considering making a claim you should visit a doctor who can determine whether your rash is in fact the result of an allergic reaction to the nails. Continue reading this answer.

How much compensation do people usually get for knee ligament injury compensation claims?

The amount of money that can be received in knee ligament injury compensation claims depends entirely on each case’s individual merits. How much compensation someone could receive must take into account the amount of damage that has been done and the length of time it will take for the injury to heal in relation to the victim’s age, state of health before the injury was sustained and – in some cases – their health. Click here to read more.

Can cartilage injury compensation claims be made for injuries sustained in minor car accidents?

Cartilage injury compensation claims can be made regardless of how serious a car accident is as long as it can be shown that another road user was negligent in their actions and that their carelessness was the reason for the victim sustaining their knee injury. Click here to read more.

I recently sustained a whiplash injury after a car rear-ended my vehicle at a makeshift traffic light, who is liable for accidents caused by road works?

While claiming for accidents caused by road works may be possible if you have been the victim of negligence, determining liability for your injury can sometimes be difficult. Each road user owes you a duty of care to avoid injuries from road works, and each road worker must also perform an adequate duty of care towards drivers. Click here to read more.

Is it possible to make compensation claims for the misdiagnosis of terminal lung cancer when you have been told that you have just a few months to live and a year later informed that it had all been a mistake?

Your eligibility to make compensation claims for the misdiagnosis of terminal lung cancer in this scenario is going to depend on how the original misdiagnosis affected your physical and psychological health, what consequence it made to your subsequent quality of life and whether you have sustained any financial loss because of the misdiagnosis of terminal lung cancer. Click here to read more.

A colleague told me I can claim compensation for an injury by a sharp object in a factory as it was my employers fault for not giving me safety gloves. Is this correct?

Although you have been injured by a sharp object at work, this does not necessarily mean that you are entitled to claim compensation for an injury by a sharp object in a factory. In order to claim sharp object injury compensation you must be able to establish that your injury was a direct result of negligence of your employer and that there was a failure in a duty of care. Click here to read more.

Is it possible to claim compensation for tripping on steps in an office? Our office steps are very steep and narrow, and many complaints have been made about them by staff in the past. I took extra care as always, but tripped and broke my jaw when I fell.

You should be entitled to make a claim for compensation for tripping on steps in an office if the design of the steps was not suitable for a public building. There are building regulations in force in Ireland governing the dimensions of steps, and what is acceptable and safe. Click here to read more.

What are the criteria for claiming compensation for a work illness? I am certain that I contracted salmonella at work as I was not the only employee to be off work after eating at the staff canteen.

In order to claim compensation for a work illness you must have developed an illness as a direct consequence of your work or workplace environment. Contracting salmonella in a staff canteen would certainly qualify you to claim compensation for a work illness. Click here to read more.

I want to claim chemical injury compensation for contact dermatitis which I developed at work. When is it possible to make a claim against an employer?

In order to determine whether you are eligible to claim for a chemical accident at work and recover chemical injury compensation, you will need to establish and prove that your contact dermatitis was caused by negligence of your employer and resulted from a failure in a duty of care. Read the full answer.

Can I make a claim for follicular lymphoma wrong diagnosis compensation if it has been more than two years since the original misdiagnosis?

The Statute of Limitations in Ireland allows you to make a claim for compensation within two years of the date on which you discover that you have sustained a personal injury due to the negligence of somebody who owed you a duty of care. Therefore, you should be able to make a claim for follicular lymphoma wrong diagnosis compensation if the correct diagnosis of your tumour was made within the past two years. Click here to read more.

Is it possible to claim compensation for a work injury due to mistake of another worker? My leg was broken when a pallet fell which was incorrectly stacked by a colleague. Who would be the respondent in my claim?

It is possible to claim compensation for a work injury due to a mistake of another worker if the actions of that worker have caused you to be injured at work. In such cases, a claim for compensation will need to be made against your employer, and not against the work colleague who caused the accident. Click here to read more.

My employer has told me that I am unlikely to receive any silicosis compensation as I am a smoker. Will it be worthwhile making a claim for silicosis compensation and will a claim even be possible?

Your eligibility to claim silicosis compensation will not be affected by the fact you are a smoker. Silicosis is caused by the inhalation of silica dust which causes lung damage irrespective of whether you have ever smoked. Click here to read more.

My son was injured in France when a plane he was in crash landed in Lyon. Does he have to go back to France to make air crash compensation claims or can they be made in Ireland?

Air crash compensation claims differ from other types of personal injury compensation claim inasmuch as liability for any injuries is assumed by the airline as a condition of carriage and liability for the accident does not have to be proven. Nonetheless, it is a necessary procedure to complete an application for assessment to the Injuries Board Ireland (if your son is making a claim for air crash compensation in the Republic) even if you are pursuing air crash compensation claims with the assistance of a solicitor. Click here to read more.

Is it possible for me to claim elbow injury compensation following an accident in which I slipped on a grape in a supermarket?

You may be entitled to claim elbow injury compensation for slipping on a grape if it can be proven that your accident was caused by a breach of the supermarket’s duty of care. All supermarkets have a legal responsibility to provide their customers with a safe and clean working environment. Continue reading this answer.

Because I fell in the vegetable section of a supermarket and sprained my wrist, can I claim for slipped on lettuce leaf in supermarket compensation?

If it can be proven that the supermarket owners, managers or staff breached their “duty of care” to provide you with a safe and clean shopping environment, you would be eligible to claim for slipped on lettuce leaf in supermarket compensation. However, this duty of care is not “absolute” meaning that if the staff members did not have a “reasonable” time to remove the hazard – for example, if the lettuce leaf had just fallen out of the trolley of the customer who was directly ahead of you – the supermarket will not be held responsible for your injury. Click here to read more.

I read an article on the internet that informed me I may be able to claim occupational bronchitis compensation against my employer. My doctor has told me the use of chemicals at work such as ammonia may have caused my bronchitis. How can I tell if I am eligible to claim?

It is correct that you can make a claim for occupational bronchitis compensation against an employer’s liability insurance policy; however only if you have suffered occupational bronchitis which has been caused by negligence of your employer. You must be able to prove that exposure to a lung irritant occurred in the workplace in a sufficient quantity to trigger a case of bronchitis, and that your condition is severe enough to warrant a claim for occupational bronchitis compensation. Click here to read more.

I have been told that there is no point making a three car collision accident compensation claim to the Injuries Board Ireland as they will only reject my application and tell me to seek compensation for a three car collision accident in court. Is this right?

The importance of making an application for an assessment of three car collision accident compensation to the Injuries Board Ireland is going to depend on the circumstances of your accident and whether more than one party was responsible for causing the three car collision in which you were injured. Read the full answer.

My employer told me that I cannot claim compensation for an injury from slipping on grease spilled on the floor, as he is not responsible for spills caused by careless workers. Is this correct?

From your question it would appear that your employer is trying to discourage a claim for compensation for slipping on grease spilled on the floor in a factory from being made, or your employer is misinformed about his liabilities for accidents involving employees in the workplace. Click here to read more.

I told the landlord of the pub that I would be making a claim for pub trip injury compensation for tripping on a worn carpet. He told me that I cannot claim if I had been drinking alcohol. Is this correct?

Inasmuch as there may be an element of contributory negligence in your claim for pub trip injury compensation if your vision was impaired and you tripped over what might reasonably been considered an avoidable hazard, it is more likely that your landlord is in breach of his duty of care by failing to make his premises as safe as possible for his customers. Click here to read more.

Can I claim occupational illness compensation even when I no longer work for the company at which I acquired my condition?

Many people who claim compensation for an occupational illness do so many years after they have left the employer who was responsible for their condition. The symptoms of some occupational illnesses can take many years to manifest, and the important thing to remember is that you have two years from the “date of knowledge” that you have an occupational illness in which to claim compensation. Click here to read more.

If I want to make a GP negligence compensation claim, do I have to use a solicitor?

As a GP negligence compensation claim is resolved by medical opinion rather than tangible evidence, you will need a solicitor to assist you with your claim – even when your GP has made a straightforward mistake. Under the Personal Injuries Assessment Board Act 2003, the Injuries Board Ireland will assess applications for all types of personal injury compensation “other than a personal injury arising out of medical negligence”. Click here to read more.

How do you start a legal claim for cerebral palsy injuries due to medical negligence?

In such devastating circumstances, it is always advisable to speak directly with an experienced medical negligence solicitor – not just because you will ultimately have to use a solicitor in order to pursue a legal claim for cerebral palsy injuries due to medical negligence, but because the circumstances leading up to your child´s tragic injury are likely to be unique to any other case; as are the consequences to your child, you and your partner. Click here to read more.

Is there an upper limit to how much Weils Disease compensation you can claim? My husband contracted the illness while working on a farm and is going to need a lifetime of care because of his condition.

Before you even consider making a claim for Weils Disease compensation, you should seek professional legal advice. For a Weils Disease compensation claim to be successful, it has to be demonstrated that your husband was owed a duty of care by a farmer or employer and that your husband contracted this serious illness due to breach in the duty of care owed to him. Click here to read more.

I tripped on a hole in the street, can I claim compensation? Should I use a solicitor to pursue the claim?

You may be eligible to claim compensation if you tripped on a hole in the street, provided that you can establish that a third party has been negligent and has failed in its duty of care, and this was the direct cause of you sustaining an injury. Click here to read more.

I developed chronic knee bursitis from laying carpet and want to claim knee bursitis compensation against my employer. However, he told me that I should have bought a pair of knee pads if I wanted to protect my knees. Will I be able to claim?

A claim for knee bursitis compensation can be made against an employer provided that knee bursitis developed as a direct result of employer negligence and a failure in a duty of care. Employers owe their employees a duty of care to ensure that the workplace is safe and jobs can be completed without an excessive risk of injury. Continue reading this answer.

Can I claim compensation for slipping on a Tesco floor? I damaged ligaments in my knee when I slipped on a peach in the fruit and vegetable section.

It would be possible for you to claim compensation for slipping on a Tesco floor if the supermarket management or staff can be proven to have acted negligently. All shops are legally expected to provide their customers with a clean and safe environment in which to shop and if this “duty of care” can be seen to have been breached you can make a compensation claim against them. Click here to read more.

How much back injury compensation will I receive after a car accident?

The amount of back injury compensation you receive after any accident is influenced by a number of factors. Obviously the first is the extent of the injuries you suffered, and back injuries can vary from relatively inconvenient to total paralysis. Continue reading this answer.

I am concerned about claiming compensation for injuries from work spillage as I do not want to lose my job. My employer has told me that he cannot afford to pay a claim for compensation and I should think very carefully before submitting a claim. What should I do?

If you have been injured due to a work spillage which was the result of negligence on the part of your employer, it is your legal right to claim compensation for injuries from a work spillage. While it is understandable that you are reluctant to make a claim for a work spillage injury, you should not have to bear the financial burden for injuries which were sustained due to the actions of a third party. Read the full answer.

Can my father claim kidney stones misdiagnosis compensation after suffering in pain for many months due to being told he had a urinary tract infection?

Your father´s eligibility to claim kidney stones misdiagnosis compensation is going to depend on why your father´s doctor mistakenly diagnosed him with a urinary tract infection and whether a competent physician, presented with the symptoms displayed by your father “at the time and in the circumstances”, would have made the correct diagnosis or at least referred him to a hospital for a precautionary scan. Read the full answer.

The office chair broke causing me to fall and injure myself. Can I claim faulty office chair injury compensation against my employer?

Certain criteria must be met before a claim for faulty office chair injury compensation can be made against your employer. The first criterion is that you must have sustained an injury in the accident which was treated by a doctor. Click here to read more.

What is involved in making a claim for a surgeon performing the wrong surgical procedure on a patient?

Because every claim for a surgeon performing the wrong surgical procedure on a patient is different, it would be better to discuss the specific circumstances of the medical error directly with a solicitor. However, as a general guide:- Continue reading this answer.

I know that I can possibly make a personal injury claim if I suffer an injury on a business premises but I wanted to know about damaged hair compensation. Is it possible to make a claim against a salon if my hair was damaged after a treatment?

The victim of an accident that occurred on a salon premises may qualify for damaged hair compensation if the salon owner or staff member failed to provide their legal duty of care. All business owners are legally obliged to maintain their premises in a clean and safe condition and to ensure their client’s health and safety while they are there. Click here to read more.

I want to claim compensation for falling in a street but I do not know if I have a valid claim. How can I tell I am eligible to claim for trip on a paving stone?

Before you consider making a claim for compensation for falling in a street it is vital that your injuries are assessed and treated by a doctor, preferably at the local hospital. After any accident your health should be your number one priority. Read the full answer.

Am I entitled to claim minibus accident compensation if I was involved in an accident in which I broke my leg? I was travelling with a group of women who were also injured in the crash.

As a passenger who wishes to claim minibus accident compensation, it can be assumed that – like most minibus accidents involving passengers – you were not the party responsible. You can, therefore, make a compensation claim against the negligent party, be it the minibus driver or another road user. Click here to read more.

Is it possible to claim compensation for acoustic shock injuries caused by faulty telephone headsets at work? What do I need to do in order to make a claim?

You can claim compensation for acoustic shock injuries at work if it can be proven that your injuries were caused by your employer´s negligence. However, your eligibility to make a claim for compensation for acoustic shock injuries can be placed in jeopardy if you do not follow the correct procedures after you sustain a hearing injury at work. Click here to read more.

Am I entitled to claim compensation for slipping on spilled milk in Marks and Spencers? I broke my thumb two weeks ago when I slipped and since then I have been offered a hand out of 800 Euro. Is this sufficient or should I think of pursuing legal action?

It is important to note that no two claims for compensation for slipping on spilled milk in Marks and Spencers are exactly the same and that each case should be evaluated according to its individual merits. The effect an injury has on each person is different and a certain amount awarded to one person may not accurately cover the needs of another person with a similar injury. Click here for the full answer.

I have just found out that grain and flour can cause asthma and I want to find out if I can make an occupational asthma claim. I work as a baker and developed asthma last year, but there is no family history. What should I do?

Many asthmatics are unaware that they may be entitled to claim occupational asthma compensation against their employer’s liability insurance, and may only find out when it is too late to initiate an occupational asthma claim. In Ireland you only have two years from the date of discovery of asthma in which you can initiate a claim for occupational asthma compensation against an employer. Click here to read more.

Is it possible to claim still birth death compensation in Ireland for the significant grief my wife experienced when our child was stillborn?

Still birth death compensation is a complicated area of claims law and compensation for a stillborn death can only be claimed if there has been a proven incidence of medical negligence which has resulted in an injury to the mother – a parent cannot claim compensation for any trauma suffered by their unborn infant. Click here to read more.

What amount of compensation for cut tendon on hand should I be entitled to? My employer’s insurance company have made me an offer but it does not seem like enough.

The amount of compensation for cut tendon on hand that you are entitled to will depend on a number of elements – not least the impact your injury has had on your quality of life. It is unfeasible for the employer’s insurers to calculate how much compensation an individual should receive by looking in a book or by referring to previous awards given in similar cases, and offering a settlement without making a full evaluation of your individual circumstances. Click here to read more.

How long does it take to claim compensation for medical procedure errors? The Injuries Board web site says seven months, but I think my case is more complicated than most.

Before answering your question about how long it may take to claim compensation for medical procedure errors, it should be pointed out that the Injuries Board do not accept applications for the assessment of medical negligence claims due to the claim´s often complex nature. Click here to read more.

Is it possible to make claims for manual handling injuries by shop assistants who are under the age of eighteen?

Provided that the accident in which the injuries were sustained were due to the negligence of an employer and that the injuries were examined by a medical professional and noted in the victims’ medical records, those under the age of eighteen should be eligible to make claims for manual handling injuries by shop assistants. However, if the under-age accident victim wishes to proceed with a claim for shop assistant manual handling injury before they reach their “majority”, they can only do so with a parent or guardian representing them as their “next friend”. Click here to continue reading.

If I wanted to make a compensation claim because my dentist failed to identify a tooth infection, how would I account for it on the application for assessment to the Injuries Board?

If your dentist failed to identify a tooth infection, a claim for compensation would have to be made with the assistance of a solicitor rather than via the Injuries Board process because a claim for the failure to diagnose an infected tooth is considered to be alleged medical negligence, and the Injuries Board do not have a remit to assess claims which are resolved by medical opinion. Click here to read more.

I was injured at the factory at which I work when I was overcome with fumes from the plasma cutter I was using and burned my hand as I dropped the torch. My supervisor says that I may not be entitled to welding injury compensation because I failed to check for adequate ventilation before I started. Is that right?

The fact that you did not check for adequate ventilation should not disqualify you from claiming welding injury compensation as this something which should be accounted for in your employer´s risk assessment before allocating you the welding task in the location where you were overcome by welding fumes. However, if your supervisor is already casting doubt over whether your employer will readily acknowledge liability in your claim for welding injury compensation, it may be in your best interests to speak with a personal injury solicitor as soon as practically possible. Continue reading this answer.

Can employees make tinnitus compensation claims when an employer has provided ear protectors which are faulty? I complained to my employer many times about how my hearing was being damaged, but he just told me to get on with my job and stop moaning.

If your employer has provided you with personal protective equipment which fails to provide you with the protection you need against noise at work, you should be entitled to make tinnitus compensation claims. Simply because your employer does not understand the nature of an injury which cannot be seen, or will ask why none of your work colleagues are developing the same condition – assuming they have been supplied with similarly inadequate ear protectors – does not prevent you from claiming compensation for a tinnitus injury which should have been prevented. Click here to read more.

Why won´t the Injuries Board assess a claim for a wrong arm amputation against the HSE?

Under the Personal Injuries Assessment Board Act 2003, the Injuries Board will not accept an application to assess a claim for a wrong arm amputation if it is a civil action “arising out of the provision of any health service to a person, the carrying out of a medical or surgical procedure in relation to a person or the provision of any medical advice or treatment to a person”. Click here to read more.

Can I claim work equipment injury compensation if I am receiving sick pay from my employer?

If you have been injured at work in an accident which was caused by faulty work equipment, it is your legal right to make a work equipment injury compensation claim. Receiving sick pay does not affect your legal right to make a claim for compensation although it will affect the amount of work equipment injury compensation you are entitled to claim. Click here to read more.

Can a claim injury compensation for lifting heavy equipment at work to cover loss of earnings? I have been off work without sick pay for three months and I have lost my monthly wage as well as the opportunity to earn overtime. What else can I claim?

A claim for injury compensation for lifting heavy equipment at work deals with compensation for financial losses separately from recompense for the actual injury – which is dealt with under general damages. General damages cover pain and suffering, loss of amenity, loss of opportunity and changes in quality of life due to an injury. Click here to read more.

Can I claim compensation for Post-Traumatic Stress Disorder following a very serious car accident?

Claims for Post-Traumatic Stress Disorder (PTSD) are fairly rare. In personal injury compensation claims, you normally need to have suffered an actual physical injury that resulted in pain and suffering. Click here to read more.

How much compensation for an injury due to faulty factory machinery can I claim for a crushing injury to my hand? The safety guard broke and my hand was crushed fracturing two bones.

Unfortunately, without further information on the exact nature and extent of your injuries it is not possible to accurately calculate how much compensation for an injury due to faulty factory machinery you are entitled to receive. The amount of compensation for crushing injuries can be particularly difficult to calculate due to the nature of this type of injury. Click here to read more.

How long will it take me to get paid Tesco work injury compensation, and how much am I likely to receive for breaking a bone in my finger?

It is not possible to determine exactly how much a Tesco work injury compensation claim is worth from the information you have provided, as there are many factors which affect how much compensation for a Tesco work injury will be awarded. The calculation of the level of Tesco work injury compensation you are entitled to receive will depend on the exact nature of your injury, the extent of the damage, the likelihood of making a full recovery and any permanent loss of functionality in your finger. Click here to read more.

Can I claim tennis elbow injury compensation against my boss? I’m sure my injury was caused by overexertion at work.

You may be eligible to claim tennis elbow injury compensation against your boss but only if it can be proven that your injury was caused due to his or her negligence. Employers have a legal duty of care to provide their employees with a safe work environment and to train them in safe manual labour techniques. Click here to read more.

Is it possible to claim compensation for lighting injuries at work for a fall in the office car park? There is poor lighting on the stairs and I fell and fractured my ankle. My boss told me that the car park is not his responsibility and I cannot claim compensation.

In order for a claim for compensation for lighting injuries at work to be successful, you must be able to determine that the accident which caused you to be injured was the result of third party negligence. You must also be able to clearly demonstrate that the accident was the direct result of poor lighting on the steps, and was not primarily caused by carelessness on your own part. Click here to read more.

Is it possible to claim maintenance work injury compensation to recover medical expenses and lost earnings? Can my employer terminate my employment for making a claim for maintenance work injury compensation?

If you have genuinely been injured completing maintenance work and the accident in which you sustained your injury was directly or indirectly caused by negligence of your employer, you are within your rights to make a claim for maintenance work injury compensation. Even if you have been injured performing maintenance work by using faulty equipment, you are within your rights to make a claim. Continue reading this answer.

I hurt my back at work because of lifting heavy boxes into the shop I work in but my manager says that I cannot claim shop assistant injury compensation because I am only 16 years old. Is that right?

Provided that you have sustained an injury which has been examined by your doctor and recorded in your medical notes, and your injury was due to the negligence of your employer, you are entitled to claim shop assistant injury compensation. However, if you want to proceed with your shop assistant injury claim before you reach the age of eighteen, you will have to do so while being represented by a parent or guardian acting as your “next friend”. Click here to read more.

Can I claim shopping centre car park accident compensation for a motorbike accident caused by hitting a pothole? Who do I claim against?

If you were involved in a motorbike accident in a shopping centre car park which was caused by a pothole, you should be entitled to claim shopping centre car park accident compensation against the operator of the shopping centre. The shopping centre operator owes its visitors a duty of care to make sure that all areas of the shopping centre can be used safely, which includes the car park. Click here to read more.

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

Without conducting an evaluation of your fractured humerous injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a fractured humerous 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 fractured humerous injury compensation claim and the independent medical examination you underwent. Click here to read more.

Is it better for my child that I accept a cerebral palsy compensation settlement now or wait until a structured payment system is in place?

Your choice of whether it would be better to accept a cerebral palsy compensation settlement now is going to depend on two important factors. Click here to read more.

How long do I have to claim compensation against a hospital consultant if my child suffered birth injuries due to my obstetrician´s negligence?

Despite the emotional trauma that you have undoubtedly suffered, as it was your child who sustained the injuries at birth, your child would be the injured party who would claim compensation against a hospital consultant. Click here to read more.

Is it possible to make a compensation claim for slipping on raspberry in Tesco if I injured my elbow?

If it can be demonstrated that the injury you sustained after you slipped in the supermarket was attributable to the negligence of supermarket staff or management, you should be able to make a compensation claim for slipping on raspberry in Tesco. However, proving liability can be difficult when it comes to establishing the length of time the raspberry had been on the floor and where it came from. Click here to read more.

I have recently been diagnosed with an industrial disease that was caused by the working conditions in a job I had many years ago. Am I still able to claim industrial disease compensation?

Although the Statute of Limitations states that you have only two years in which to claim personal injury compensation, the two years starts from the “date of knowledge” that you sustained an injury, and not the physical date(s) on which you may have been exposed to the substances which caused your industrial disease. Click here to read more.

I have recently been diagnosed with a Hepatitis C infection which I believe I contracted through a contaminated blood transfusion many years ago. Can I still claim compensation after all this time?

Hepatitis C is just one of many infections that can be transmitted through contaminated blood, and is an infection which can also be acquired from contaminated organ transplants or contaminated Anti-D Immunoglobulin. The Courts and Civil Liability Act 2004 allows you two years from the date you knew you were infected to make a contaminated blood compensation claim, but because of the different ways in which the infections transmitted by contaminated blood affect different people, your case will have to be dealt with through the courts rather than through the Injuries Board Ireland. Click here to read more.

My employer told me I cannot claim compensation for slipping in the office toilets as no one witnessed the accident. Is this correct?

There are many factors which can affect your eligibility to claim compensation for slipping in office toilets; however the fact that there were no witnesses to the accident certainly does not mean that you lose your right to claim office slip injury compensation. Click here to read more.

How much compensation for amputations should accident victims get? I looked up the Book of Quantum after losing a hand in a work accident and it says “up to 142,000 Euros”. I am 25 years old and that amount of compensation for amputations would not cover my salary for six years. Is this right?

Any reference to compensation for amputations in the Book of Quantum relates only to the pain and suffering you experienced at the time of the car crash in relation to the nature and severity of the injury you sustain. The introduction to the Book of Quantum states that “A claimant may also be entitled to claim under other headings for actual financial losses” and in addition to this, you should also be able to claim compensation for amputations in respect of the deterioration in your quality of life you experience due to the loss of a hand. Click here to read more.

When a van crashed into my scooter I sustained mouth injuries and now I want to know if I can claim compensation for a broken tooth.

Provided that your injury can be proven to have been sustained due to the negligence of another party, you should be able to claim compensation for a broken tooth. You can begin proving the van driver’s negligence as soon as the moments following the accident, but you are advised to engage with an experienced solicitor who can guide you on the correct process to follow. Click here to read more.

Is it possible to claim for a work injury at a pharmaceutical factory for severe burns to my face and neck? Can I also claim for mental health issues caused by my burns?

Provided that the accident at work was the result of the negligence of your employer or another employee, and you were not primarily responsible for the accident it should be possible to make a claim for a work injury at a pharmaceutical factory for your burns. You may also be able to include your mental health issues in your claim for damages. Click here to read more.

Can I claim compensation for chemical injury at work for eye damage caused by chemicals at work? Our first aid station did not have an eye wash and my doctor told me that prompt treatment could have saved my vision.

A claim for compensation for chemical Injury at work is possible provided that your employer has been negligent and there has been a failure in a duty of care to protect you from coming to harm. While not all accidents can be prevented, an employer has a legal responsibility to ensure that staff can receive immediate first aid. Ensuring proper primary medical care is provided in the workplace can reduce the damage caused by chemical accidents until professional medical care can be obtained from a doctor. Click here to read more.

I was injured in an accident at work due to a faulty door which slammed shut on my fingers. The door closed with tremendous force and amputated the end of one finger and crushed two others. Can I claim compensation?

In order to claim compensation for being injured in an accident at work due to a faulty door, you must be able to establish and prove that your employer was negligent, and failed in a duty of care to keep you safe at work. In your question it would appear that the door was faulty and dangerous, and by failing to fix the faulty door your employer has been negligent. Click here to read more.

Can I make a compensation claim for minor accident at work, or is it only possible to claim for more serious injuries?

You may be entitled to make a compensation claim for minor accident at work, provided that an accident occurred during the course of your employments, that an injury was subsequently sustained, and that it can be proven that the injury could have been prevented had it not been for the negligence of an employer. Click here to read more.

I want to claim compensation for slipping on a wet floor in McDonalds. How do I go about making a McDonalds compensation claim for the accident? Do I just have to submit a form to the Injuries Board?

In order to claim compensation for slipping on a wet floor in McDonalds you must have suffered an injury which was treated at a hospital or by a doctor. No claim for compensation for slipping on a wet floor in McDonalds will be possible if your medical records to not contain details your injuries. Click here to read more.

I told my employer I want to claim work rash compensation and he just laughed and said there was no such thing. My work rash is really painful and sore and I have not been able to sleep properly and I have had it for over two weeks. Can I make a claim?

Although a work rash may not appear to be a serious medical condition to your employer, it is possible to claim work rash compensation if you have developed the rash at work as a direct result of his or her negligence. Click here to read more.

My doctor recently diagnosed me with cancer but said that tests show the disease should have been discovered six months ago. If I am not yet in pain from the disease can I still claim failure to diagnose cancer compensation?

Claims for failure to diagnose cancer compensation are an exception to the general compensation guidelines that you are only eligible to receive compensation if it can be demonstrated that you have suffered a loss, an injury or the deterioration of an existing condition due to the negligence of a party who owed you a duty of care. Click here to read more.

Please could you tell me how I can claim asbestos lung cancer at work compensation if the company at which I was exposed to asbestos is no longer in existence?

If the company at which you believe you were exposed to asbestos fibres or dust is no longer in existence, it may be possible to make a claim for asbestos lung cancer at work compensation against the company´s former employer liability insurers. Details of the insurance company are usually found by obtaining a copy of your employer´s annual returns which should be filed at the Companies Registration Office. Click here to read more.

How much money would I get if I made a compensation claim for an anaesthetic error that left a patient awake during an operation?

How much a compensation claim for an anaesthetic error that left a patient awake during an operation would be settled for would depend on the level of physical trauma you experienced during the period of “anaesthetic awareness” and the psychological impact thereafter. Read the full answer.

Can I claim compensation for an injury caused by a machine guard in a factory? The machine guard gave way and I caught my hand in a belt drive and lost two fingers.

It is possible to claim compensation for an injury caused by a machine guard in a factory, provided that you were not primarily responsible for the machine guard accident. The accident must also have been caused by the negligence of a third party and resulted from a failure in a duty of care if a factory machine guard injury claim is to be made. Click here to read more.

I want to know if I can claim chronic obstructive pulmonary disease compensation, as I believe I contracted COPD in the workplace after years of inhalation of coal dust. How can I prove I contracted the disease at work?

You can claim chronic obstructive pulmonary disease compensation if you contracted the disease in the workplace from the inhalation of coal dust, provided that you can establish and prove that your employer has been negligent and failed to do enough to protect you from the lung disorder. Click here to read more.

Can I claim eyebrow injury compensation if I was burned during an eyebrow waxing session and I have been left with a visible scar?

You will be able to claim eyebrow injury compensation against the beauty salon where you received the treatment if it can be established that the burn you sustained is attributable to the negligence of the person who performed the treatment. The amount of compensation you are entitled to will depend on the visibility of the scare in relation to your age and sex and the impact it has had on your confidence in partaking in social and leisure activities. Click here to read more.

I fell due to slipping on spilt milk on the floor in a supermarket and hurt my back. What do I need to do in order to claim compensation for having slipped on milk in a supermarket?

You will be able to claim compensation for slipping on spilt milk on the floor in the supermarket if it can be shown that you suffered a quantifiable injury due to the negligence of the supermarket management or its staff. If you have not done so already, you should have your back injury examined by a doctor to determine the nature of the injury you sustained and how long it may take you to recover. Click here to read more.

How could the Statute of Limitations for hospital medical negligence affect my compensation claim for the misdiagnosis of appendicitis?

The Statute of Limitations for hospital medical negligence should have no effect on your compensation claim for the misdiagnosis of appendicitis if your claim is made within two years of the correct diagnosis being made – unless the claim is for a child; in which case the Statute of Limitations for hospital medical negligence does not start until the child reaches the age of eighteen. Click here to read more.

Is it right that in order to claim compensation for being given the wrong medicine by a nurse I have to prove they were negligent? Isn´t it obvious that they made a mistake?

You personally will not have to prove negligence if you wish to claim compensation for being given the wrong medicine by a nurse, as this is something a solicitor would do in preparation of a claim for a nursing medication error. However, as it may not have been the nurse´s fault that you were given the wrong medicine, but rather a technical error or an administrative mix-up, an investigation will still have to be conducted to determine how the medication error occurred. Continue reading this answer.

I was injured by stock falling from shelves in a warehouse when a shelf was hit by a forklift truck. My employer has told me that I cannot claim compensation as I only have a temporary contract. Is this correct?

A claim for compensation for being injured by stock falling from shelves in a warehouse can be made against your employer’s insurance policy regardless of the situation with your work contract. Claiming personal injury compensation for being injured by stock falling from shelves is a legal right which not only covers employees, but also visitors to a warehouse. Click here to read more.

My dentist says that I will be ineligible to claim compensation for a tooth implant that went wrong because the implant was fitted more than two years ago. Is he right?

Your eligibility to claim compensation for a tooth implant that went wrong is going to depend on when it was discovered that you had sustained an injury from the faulty tooth implant; as the ‘two-year rule’ your dentist mentions applies from the ‘Date of Knowledge’ that an injury has been sustained, rather than on the day that a negligent act took place. Click here to read more.

Can I claim compensation for slipping on spilled liquid in a warehouse for a muscle injury or is compensation for slipping at work only awarded for more serious injuries? The spillage should have been cleaned up quickly and I think I should be entitled to compensation.

It is your legal right to claim compensation for slipping on spilled liquid in a warehouse for any physical injury which you sustained when you slipped on spilled liquid at work, provided that you were not primarily to blame for the accident. However, a claim for compensation for slipping on spilled liquid in a warehouse will only be possible if your employer or warehouse staff was are found to have been negligent in their duty of care at work. Click here to read more.

My manager has told me that I cannot claim back injury compensation for lifting injuries at work as I had a pre-existing back condition is this correct?

It is your legal right to claim compensation for lifting injuries at work provided that you have sustained an injury in the course of your work duties which was the result of negligence on the part of your employer. A claim for compensation for lifting injuries at work should still be possible even if you have a pre-existing condition, provided that the deterioration in your condition was directly caused by the accident. Click here to read more.

Can I claim compensation for being injured by a collapsed chair in an office? My manager bought cheap chairs and mine collapsed causing me to injure my back.

It should be possible to claim compensation for being injured by a collapsed chair in an office if your employer chose to cut corners and issue office equipment which was of a poor quality and fell below acceptable standards. There are many ways which employers can legitimately cut costs; however none of these measures can place the health and safety of workers in jeopardy. Click here to read more.

Is it possible to claim compensation for a burn from hot equipment in a factory if I was wearing safety gloves? My boss told me he had supplied gloves and had fulfilled his health and safety obligations.

It is possible to claim compensation for a burn from hot equipment in a factory if you sustained burns to your hands while wearing personal protective equipment that was supplied by your employer which was substandard or faulty. If the gloves you were provided failed to offer a sufficient level of protection, you would have been placed at an excessive risk of sustaining a work burn and this could certainly give you grounds for making a claim for a burn from hot equipment in a factory. Click here to read more.

Is it possible to claim compensation for bed bug bites in a hotel? I recently stayed in a hotel with an infestation of bed bugs and had a severe reaction after being bitten more than 60 times in the night.

In order to claim compensation for bed bug bites in a hotel, it has to be established that you sustained an injury which was sufficiently serious to warrant professional medical attention and that your injuries were attributable to a failure in a hotel’s duty of care to its guests. Click here to read more.

I tripped and fell on a worn tile in an office while making a delivery of stationary and broke my nose and two teeth. I have received an offer of compensation from the insurance company for 10,000 Euros. Should I accept this offer?

It is certainly good news that the company´s insurers have offered you compensation for having tripped and fell on a worn tile in an office; however you are right to seek advice about accepting this offer. Insurance companies frequently approach accident victims with an offer of compensation rather than waiting for a claim to be assessed by the Injuries Board. Click here to continue reading.

Can my wife claim van crash compensation if she was not driving the van but was a front seat passenger? The van she was in was hit from the rear and she sustained a whiplash injury.

It is possible for your wife to claim van crash compensation as a passenger for a whiplash injury, however, the fact that whiplash is among the most common types of injuries in rear-end collisions – which are common types of vehicular accidents – may prove a slight obstacle. Insurance companies who represent the party accused of causing the accident are not as willing to accept their client’s liability, as the risk of false claims comes with the high volume of rear-end accidents. Click here to read more.

Will I need to go to court in order to get compensation for a manual handling injury in a warehouse?

A claim for compensation for a manual handling injury in a warehouse can be settled in any one of three ways; directly with the insurance company of the respondent, through the Injuries Board or litigation may be required through the Irish courts. Click here to read more.

Should I accept an offer of compensation from my employer’s insurers or make my own compensation claim for broken jaw in accident?

As it is impossible to confirm whether or not an offer of compensation from an insurance company sufficiently represents your injury and the affect it has had on your life without a thorough investigation, it is recommended that you have a solicitor assess the offer before you either decide to accept it or pursue a compensation claim for broken jaw in accident through legal means. Click here to read more.

Is it possible to claim compensation for an injury in an accident in a shop if the shop has since closed?

If you wish to claim compensation for an injury in an accident in a shop which has since closed, it is still possible to do so against the shop´s former public liability insurance company, but your claim could become complicated if you have not already completed some of the standard procedures – such as recording your injury in the shop´s “Accident Report Book”. Click here to read more.

Can I claim compensation for skin laceration if I was injured in an accident with a shop door?

You may be able to claim compensation for skin laceration provided that it can be proven that the accident involving a shop door was caused by the negligence of the shop owner or management and that it was due to a breach in the legal duty of care that the shop owner should legally provide their customers with. Read the full answer.

How can I claim for compensation if I tripped on boxes stacked on the floor in a supermarket and broke my arm?

The fact that you broke your arm when you tripped on boxes stacked on the floor in a supermarket suggests that the supermarket failed in their “duty of care” towards you and is, therefore, responsible for your injury. All shops are expected to provide a safe and clean shopping environment for their customers and although their duty of care is not “absolute” (meaning that they would not be responsible for an accident that occurred where staff did not have a “reasonable” amount of time to remove the hazard that caused it) they would not have much of a defence against liability for an unattended stack of boxes on the floor being the cause of a customer breaking their arm. Click here to read more.

I want to claim compensation injury by fumes in a factory as I believe my COPD was caused by breathing in chemical fumes at work. Will I be able to make a claim for breathing fumes in a factory?

You may be entitled to claim compensation for injury by fumes in a factory; however while you believe that you have contracted COPD due to breathing in fumes at work, this does not automatically mean that you will be eligible to make a claim for injury by breathing fumes in a factory. Click here to read more.

I was injured in a car crash avoiding a stray cow on the road. Can I sue the owner of the cow for allowing it to stray onto the road and causing the accident?

Animal owners have a clear legal duty to keep their animals off the road and to ensure that they do not cause road traffic accidents. However, you do need to remember the owner of the animal must be able to afford to pay compensation/damages or better still, have insurance. Click here to read more.

What amount of compensation for slipping on sugar spilled in a supermarket might I be eligible for if I claim for the ankle injury I sustained?

It is impossible to indicate how much compensation for slipping on sugar spilled in a supermarket you may be entitled to without knowing all of the facts of your case. As each claim is unique – even when the injuries sustained are similar – the amount of compensation that one may receive will be influenced by the individual merits of their case. Click here to read more.

How long does it take to make an injury compensation claim?

Injury compensation claims now take much less time to process than they have historically. In the past, the insurance companies had every incentive to drag out proceedings. Click here to read more.

Is it possible to claim injury compensation for falling in Tesco store if I slipped on a wet floor, even though it was raining outside?

You can claim injury compensation for falling in a Tesco store if it can be proven that the store in question failed in their “duty of care” to provide customers with a safe shopping environment and were responsible for your injury. However, the duty of care they hold is not “absolute”, and if your injury occurred before staff had a “reasonable” length of time to remove the hazard – if you slipped on water that had dripped from the umbrella of the customer who was directly ahead of you, for example – the supermarket could not be held responsible. See more about this question.

My husband lost his arm in an accident on a farm and has been offered 145,000 Euros in loss of limb compensation by his employer´s insurance company. They say this is the upper limit that is published in the Book of Quantum and we will not get any more. Should we accept it?

Inasmuch much as the insurance company is correct in stating that their offer of loss of limb compensation is the maximum published in the Book of Quantum, your husband should not accept their offer without first undergoing a full assessment of his injury and its consequences. Click here to read more.

Can I claim compensation for toxic gas exposure in a factory after breathing in hydrogen sulphide gas? I am required to work with the gas in the laboratory in our factory and I am now suffering from persistent bronchitis.

In order to make a claim for compensation for toxic gas exposure in a factory you must be able to prove that your chronic bronchitis was caused by exposure to toxic gas in the workplace. You must also be able to demonstrate that your employer has been negligent by action or inaction and has failed in a duty of care to protect you from harm. Click here to read more.

I want to claim compensation for work related ailment. I reported wrist pain in my employer’s Accident book and asked to have my workstation changed on numerous occasions. Nothing has been done and the pain is now so bad I cannot work. What is the next step?

Claiming compensation for a work related ailment is your legal right if you have sustained an injury in the workplace which was not your fault. If that injury was caused as a result of your employer´s lack of care, then a claim for a work related ailment will have a strong likelihood of being successful. Click here to continue reading.

What do I have to send with my application form to the Injuries Board Ireland to justify a street trip injury compensation claim?

Inasmuch as it would be recommended that you take photographs whenever possible of a hazard in the street which has caused you to trip over and injure yourself, there is no need to submit evidence of negligence to the Injuries Board Ireland when submitting an application form requesting an assessment of a street trip injury compensation claim. Click here to read more.

My left eardrum was perforated because of a sudden loud noise at work and I want to claim ear injury compensation against my employer. Is this possible?

It may be possible to claim ear injury compensation against your employer if it can be proven that your injury was caused by his or her negligence. Employers have a legal duty of care to provide their employees with a safe working environment and if this duty of care is found to have been breached, you should be able to name your employer as the party responsible for your injury. Continue reading this answer.

Will I be able to claim compensation for a dentist error with anaesthetic if I developed hearing problems after dental surgery?

Your eligibility to claim compensation for a dentist error with anaesthetic is going to hinge on whether the dentist used excessive amounts of nitrous oxide during a procedure which either caused your hearing problem to develop or exacerbated an existing middle ear condition. Click here to read more.

Is it possible to claim foot ligament injury compensation claims for injuries sustained at work?

Foot ligament injury compensation claims for injuries that were a result of a workplace accident can be made if the plaintiff’s injury was sustained due to another party’s negligence in the course of his or her employment. Bear in mind that injuries at work do not always occur due to the direct action – or inaction – of an employer. Click here to read more.

I have been researching misdiagnosis of stroke compensation on behalf of my wife and cannot find where in the Book of Quantum it says how much compensation for the misdiagnosis of a stroke she should receive. Can you help?

The reason for not finding any details about misdiagnosis of stroke compensation in the Book of Quantum is that, under the Personal Injuries Assessment Board Act 2003, the Injuries Board Ireland assesses applications for compensation “other than a personal injury arising out of medical negligence”. As the misdiagnosis of a stroke would be classified as medical negligence and a claim resolved by medical opinion rather than tangible evidence, the Injuries Board Ireland will decline to assess any application for the misdiagnosis of a stroke compensation submitted to them. Click here to read more.

How much compensation could a person get if they slipped on milk on the floor in a supermarket? My husband slipped on milk last week and broke his hip and we need to pay for a lot of medication.

The amount of compensation someone could receive for an injury they received when they slipped on milk on the floor in a supermarket depends on a number of elements. Each claim made is unique and the compensation awarded to one person may differ greatly from what is awarded to another person with the same injury obtained in a similar accident. Click here to continue reading.

What evidence do I need to prove negligence to support my shinbone injury compensation claim? My shin was fractured in an accident at the factory where I work.

The first thing you need to consider when intending to pursue a shinbone injury compensation claim is if your injury was, in fact, due to another party’s negligence. You would, therefore, need to sufficiently determine that your injury was the consequence of a breach in the factory owner or manager’s legal duty of care. Click here to continue reading.

I was in a three car collision last month at a junction in Dublin. Will I be able to claim compensation for my injuries?

Three car collisions are always complicated, especially because each party to the accident might have a different recollection of the events. In this case, as with most three car collisions, the Garda report will be the determining factor. Click here to read more.

I believe I was exposed to mercury over a short period time, can I claim for mercury poisoning compensation?

You may qualify for mercury poisoning compensation if it can be proven that your health was affected by mercury which you were exposed to at work, and that your employer breached their legal duty of care. Strict guidelines exist to lower the risk of mercury contamination in the workplace but your possible exposure suggests that your employer may have been negligent and would therefore be responsible for your health issues. Click here to read more.

Is it possible to make a compensation claim for work injury with no risk assessment against my employer?

In order to make a successful compensation claim for work injury with no risk assessment, it must be established that the injury you sustained was due to your employer’s negligence as, in almost all circumstances, employers owe a duty of care to their employees. A neglect to provide and maintain a safe working environment for staff – when it is proven that the employer did not take the precautions they are obligated to administer to protect employees from possible injury, will almost certainly be grounds to pursue a work accident with no risk assessment compensation claim. Click here to read more.

How is the value of compensation in a personal injury case determined?

There are two elements which go towards making the total amount of compensation awarded in a personal injury case – General Damages and Special Damages. General Damages are awarded in respect of the physical injury you sustained. Click here to read more.

Can you explain wrist ligament injury compensation claims? My husband hurt his wrist when he slipped in a supermarket.

Wrist ligament injury compensation claims for injuries that were sustained when a customer slipped in a supermarket can be made against the supermarket provided that it can be shown that the injury was sustained as a result of the supermarket owner or manager’s negligence. Click here to read more.

I have heard that Hand Arm Vibration Syndrome is classified as an industrial disease. How does it being an industrial disease affect my right to claim compensation?

Hand Arm Vibration Syndrome (together with Vibration White Finger and Raynaud´s Syndrome) is an industrial injury which is caused by prolonged use of vibrating tools and machinery. The symptoms of Hand Arm Vibration Syndrome extend from tingling and a loss of sensation in the fingers to nerve damage in the arm which results in a loss of grip strength, and if you have not already seen a doctor about your condition you should do so immediately. Read the full answer.

How much compensation can I expect to receive if I make a compensation claim for slipping on raspberry in Sainsburys?

Without knowing the full details of your case, it is impossible to estimate the amount of compensation that you may be entitled to if your compensation claim for slipping on raspberry in Sainsburys is successfully resolved. Each personal injury claim against a supermarket is unique – even if the injuries sustained are the same – and how much compensation an individual is awarded will be based on their case’s particular merits and will be influenced by several factors. Continue reading this answer.

I was wondering if I can claim compensation for slipping on a grape in Marks and Spencers. I broke two fingers when I slipped last month and when I returned to the supermarket they offered to pay me 5000 Euro. Is this enough or should I take legal action?

It is difficult to say for sure whether the 5000 Euro payment offer for compensation for slipping on a grape in Marks and Spencers is an adequate settlement, as each person in each individual case reacts differently to the consequences of their injury – in both a physical and emotional sense. It is recommended that you seek the assistance of a solicitor if you are unsure as to whether the amount offered by Marks and Spencers is enough. Click here for more details.

Can I claim compensation for a sponge left inside a patient during an operation which was later misdiagnosed as a bowel tumour?

In order to be eligible to claim compensation for a sponge left inside a patient during an operation, two conditions that have to be met. First it has to be proven that you sustained an injury due to medical negligence; and secondly, you must have become aware of the injury in the past two years to be within the Statute of Limitations for claiming compensation for a retained surgical sponge. Click here to read more.

Can I claim ear laceration injury compensation if my friend’s dog caused the injury when I was playing with it?

You may be able to claim ear laceration injury compensation if it can be proven that your friend, the dog owner, acted negligently. For example, he allowed the dog to interact with humans when it has a history of aggression, or if the injury could have been prevented if the dog had been wearing a muzzle. Click here to continue reading.

I suffered a work injury due to a lack of appropriate personal protective equipment and I want to make a claim against my employer for personal injury compensation. How do I go about taking legal action to recover compensation?

In order to claim for a work injury due to a lack of appropriate personal protective equipment you must first establish that you are eligible to make a claim. While you have sustained an injury in the workplace, it does not necessarily mean you have a valid claim for personal injury compensation. Initiating legal action against an employer can place a strain on working relations with your employer and work colleagues, so it is important that legal action is only initiated if a claim has a reasonable chance of being successful. Click here to read more.

I need to claim loading dock injury compensation for being crushed by a pallet which fell from a delivery lorry. However, my employer claims it was the delivery company’s fault and the delivery company blame my employer. What should I do?

Most loading dock injury compensation claims are made for an injury sustained on a loading dock due to the negligence of an employer or another third party; however your claim is more complicated since two third parties were involved in the accident and both deny liability. It is therefore unlikely that your loading dock injury compensation claim will be able to be resolved easily without the assistance of a personal injury solicitor. Click here to read more.

Is it possible to claim compensation for head injury from falling in hospital if it happened when I was a visitor?

You should be eligible to claim compensation for head injury from falling in hospital, provided that a third party’s negligence caused your injury. Assuming that you did not cause the fall yourself, your accident was probably caused by the type of oversight that you could find on any public premises, such as an unmarked slippery surface or a poorly maintained passageway. Click here to read more.

What is a typical compensation award for cerebral palsy from oxygen deprivation?

There is no ‘typical’ compensation award for cerebral palsy from oxygen deprivation as each claim for birth injuries due to a lack of oxygen is settled according to its individual merits. Even if you were to take an average of cerebral palsy awards of compensation that featured in the press, this would not result in an accurate picture, as many smaller settlements are unreported when they do not involve headline-grabbing injuries. Click here to continue reading.

I want to make a claim for injury compensation for falling on a loose pavement. What do I need to do before I submit an application for assessment to the Injuries Board?

Before you apply for an assessment of injury compensation for falling on a loose pavement, there are important procedures which need to be completed. The first and most important thing to do after a trip and fall in the street on a loose pavement is to make sure that your injuries are properly attended to. Click here to read more.

I slipped on improperly signed wet floors at work and have been told I cannot make a claim. A warning sign was stuck to the office door, but the door was open and I didn’t see it. Surely this cannot prevent me from claiming compensation?

It would appear that your employer or another member of staff has advised you incorrectly about eligibility to claim for having slipped on improperly signed wet floors. In order to determine whether a claim for having slipped on improperly signed wet floors is possible you should speak with a personal injury solicitor with experience of dealing with work injury claims. Continue reading this answer.

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

Without conducting an evaluation of your torn ankle ligament compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a torn ankle ligament you should receive or not. The Injuries Board will have made their calculations based on the information you provided them when you submitted your broken tailbone compensation claim and the independent medical examination you underwent. Click here to read more.

Can I make a vascular injury compensation claim against my employer if I was injured in an accident caused by a work-mate?

You should be able to pursue a vascular injury compensation claim against your employer, but not without proof that your injury was sustained because of a direct result of negligence and a breach in a duty of care. Your employer owes a duty of care to provide all of his employees with a safe working environment and correct training in safety practices. See more details about.

My husband suffered a pulmonary embolism and died while he was in hospital and I would like to know if I will be entitled to claim pulmonary embolism misdiagnosis compensation because his condition was not diagnosed in time to save him.

The success of a claim for pulmonary embolism misdiagnosis is going to depend on whether the symptoms of a pulmonary embolism could have been diagnosed in time by a medical practitioner to save your husband´s life – irrespective of whether or not he was in hospital at the time he suffered the embolism. Click here to read more.

Can I claim compensation for an accident on the Luas? The tram braked suddenly and I fell over, chipping my front tooth.

To answer the question “can I claim compensation for an accident on the Luas” some important factors should be taken into account. Although negligence would generally be applied to the Luas driver, they are not always the party responsible for the accident; for example, perhaps the road signals were faulty. Click here to read more.

How do you prove negligence in a hearing loss injury compensation claim?

There are two basic causes of an occupational hearing loss injury – prolonged exposure to loud noises and single very loud noises. In both cases, employers are governed by the Control of Noise at Work Regulations (Part 5 of the General Application Regulations 2007) which state what maximum levels of noise are acceptable in the workplace and what employers should do to reduce the risk of a hearing loss injury. Click here to read more.

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

Without conducting an evaluation of your ligament injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a ligament 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 ligament injury compensation claim and the independent medical examination you underwent. Click here to read more.

I contracted an infection after I underwent a surgical procedure last year, but was told that I may not be entitled to claim compensation for an infection after an operation. Is that possible, because I did not go into hospital with the infection?

Even though you may have developed an infection after a surgical procedure in a hospital, it does not necessarily mean you are entitled to claim compensation for an infection after an operation. Some infections occur naturally as a response to surgery, and harmful bacteria which may have been responsible for your infection could even have been introduced into your immediate environment by visitors coming to see you while you were recovering. Continue reading this answer.

Can I claim forklift injury compensation for an accident caused by an uneven floor? My employer claims that the accident was my fault because I was driving too fast. I have not had any training but I thought I was driving at an appropriate speed.

Claiming forklift injury compensation always has potential to be complicated, as forklift truck accidents often involve a degree of contributory negligence on behalf of the claimant – such driving too fast with a load or for a simple lack of concentration. However the primary cause of most forklift accidents can be attributed to a lack of training, poor quality floor surfaces and warehouse layouts which are not suitable for forklift truck use. Click here to continue reading.

I would like to know how much compensation for back injury I am entitled to after a car accident.

How much compensation for a back injury an individual receives depends on a variety of factors, ranging on the severity of the injury to the effect it has had on your life. A solicitor would be able to give you a preliminary estimate of the amount of compensation you are entitled to, by considering your cases’ individual merits. Read the full answer.

Is it too late to make a compensation claim for an item left inside during an operation if the operation in which the error occurred was more than two years ago?

Inasmuch as the Statute of Limitations places a time limit of two years on initiating a compensation claim for an item left inside during an operation, the time limit for making compensation claims for items left inside during a medical procedure does not begin until the ‘date of knowledge’ that an injury has been sustained due to the negligence of a medical practitioner. Click here to read more.

After having my usual hair dye applied at my local salon, I developed a nasty rash across my scalp and my friend says I can possibly make a compensation for an allergic reaction to a hair dye claim. Is this possible?

Regardless of the fact that you had the same hair dye applied at the same salon you usually attend, it is possible to claim for compensation for an allergic reaction to a hair dye if your injury was sustained due to the negligence of the beauty salon in question. Allergic reactions can develop in between treatments and beauty salon employees are required to carry out a patch test before treating a client with the hair dye in case of an allergic reaction – even if the client has had the same treatment previously. Click here to read more.

My hand was scalded by hot tea on an airplane because the lid on the cup I was given had not been put on properly. Does this entitle me to compensation from the airline company and is my claim sent to the Injuries Board?

Provided that you have received swift professional medical attention for your injury, and the burn on your hand has been recorded in your medical notes, you should be entitled to claim compensation for being scalded by hot tea on an airplane. The issue of how your injury occurred is irrelevant in claims of this nature as, under the Montreal Convention, an airline accepts responsibility for your safety and wellbeing in all circumstances under the terms of carriage. Click here to read more.

If we believe that our doctor should have recognised the symptoms of septicaemia in time to save our daughter´s life last year, are we still in time to make a claim for septicaemia misdiagnosis compensation?

Unlike claims for an injury to a child which can be made up to two years after the child´s eighteenth birthday, you are only allowed two years from the date of your daughter´s death in which to claim septicaemia misdiagnosis compensation. However, prior to making a claim for compensation for the misdiagnosis of septicaemia, it has to be proven that your doctor was indeed negligent and that his or her negligence resulted in your daughter´s death. Click here for the full answer.

I suffered a whiplash injury when I was a passenger in a rail accident, but Iarnród Éireann denied liability when I made my application for compensation to the Injuries Board Ireland. What should I do?

You are entitled to claim rail accident compensation against Iarnród Éireann only when it is their fault that you suffered an injury – for example when a driver has made an error or when an accident has happened due to a mechanical failure – but many rail accidents of the nature described above are due to collisions with negligent road users or large animals which have strayed onto the railway line. Click here to read more.

How is compensation for machinery accidents in a factory calculated? I want to know how much I am likely to receive for torn ligaments in my arm and for a crushing injury to my hand when I slipped and fell on a mechanical press at work.

There are two aspects to a claim for compensation for machinery accidents in a factory which need to be calculated. The first aspect of compensation is for any pain, suffering and loss of amenity caused by the injury. Click here to read more.

Is it possible to claim for gynaecologist negligence if a specialist misread the results of a colposcopy and overlooked the early signs of cervical cancer?

Although it would appear that there are certainly grounds to consider a claim for gynaecologist negligence, in order to claim compensation for the failure to diagnose cervical cancer, it has to be shown that a deterioration in your condition would ‘on the balance of probabilities’ have been avoided had the correct diagnosis been made at the time. Click here to read more.

I want to claim compensation for slipping on food in a fast food restaurant but the manager would not let me make a report in the accident book. Does that mean I cannot make a claim?

You were correct to try to make a report in the restaurant’s accident book; however this is not essential in order to make a claim for compensation for slipping on food in a fast food restaurant. It is a procedure which should be completed whenever possible after an accident, but not doing so in this case should not prevent you from making a claim for slipping on food in a fast food restaurant. Click here to read more.

I am considering claiming compensation for occupational asthma, but my condition has not prevented me from going to work as with other people in my department. Does this mean I cannot claim compensation for occupational asthma?

There is a common misconception that a claim for compensation for occupational asthma can only be made if the condition is so severe that it makes work difficult or impossible. However, as with any claim for personal injury compensation, it is not only whether an injury prevents work or causes financial outlay, but also how it affects an individual’s quality of life. Read the full answer.

Can I claim compensation for Tassimo coffee machine burn? The plastic pot containing the coffee exploded while I was standing next to the Tassimo coffee machine and I was scalded on my arm which has now resulted in a scar.

You should be entitled to claim compensation for Tassimo coffee machine burn, as the fault which was responsible for causing your injury has been identified by the American Consumer Product Safety Commission and was the reason for the Tassimo coffee machine recall in February 2012. Click here to read more.

Can you get whiplash from hitting your head? I fell from a faulty chair at work and hit my head and I now have stiffness in my neck, headaches and tenderness in my shoulders. I understand these symptoms are typical of whiplash, although I was only diagnosed with concussion.

You can get whiplash from hitting your head and the symptoms you have described suggest that you may be suffering from whiplash injuries as a result of your fall. You should therefore return to your doctor as soon as possible for a further medical examination as it is important that these new symptoms are properly diagnosed and treated. Continue reading this answer.

I would like to pursue a compensation claim for an injury I got during an operation last year and would like to know how I could be affected by the Statute of Limitations for professional negligence. Could you please explain?

The Statute of Limitations refers to the limited amount of time allowed to pursue a personal injury claim, after the “Date of Knowledge”; however, the Statue of Limitations for professional negligence is one of several exceptions to the general rule. Broadly speaking, this time limit is two years from the Date or Knowledge – which is usually the date on which the accident occurred. Read the full answer.

I would like to make a misdiagnosis of asthma compensation claim against my doctor who diagnosed my daughter with asthma when she only had a viral infection. Since my daughter has been using an inhaler she becomes frequently anxious and suffers a lot from headaches.

If you intend to make a misdiagnosis of asthma compensation claim you have to retrospectively show that your doctor made a mistake in identifying the symptoms that your daughter was displaying, and that his or her misdiagnosis caused her to sustain an injury or the deterioration of an existing condition. Click here to continue reading.

When shopping last Saturday I fell over in a shop, can I claim compensation? I damaged my shoulder quite badly and cannot drive myself to work.

To answer your question “I fell over in a shop, can I claim compensation?” some elements should be considered, primarily, was the accident caused by another person’s negligence? In order to make a successful personal injury compensation claim, it must be proven that the injury was caused through no fault of your own and that the shop owner failed in their legal duty of care towards you. Read the rest of this answer.

My boyfriend suffered face lacerations when he was involved in a traffic accident; can he claim for scooter crash compensation?

Your boyfriend would be entitled to claim for scooter crash compensation for his facial injuries if the accident he was involved in was caused by the negligence of another party. A number of factors determine the value of compensation he could receive and it would be in his best interests to engage with the services of a solicitor to help determine the correct path to take if his claim is worth pursuing. Click here to continue reading.

Is it possible to claim compensation for falling in a pub? I slipped on broken glass on the floor and broke my wrist and badly cut my leg on the glass.

Your eligibility to claim compensation for falling in a pub is likely to be determined by how long the glass had been on the floor. Inasmuch as the broken glass represented a hazard, if it had only just materialised as the result of the actions of another customer and the pub staff had not had a “reasonable” amount of time in which to identify the hazard and have it cleared away, it will be considered that the pub has not breached its duty of care to provide you with a safe environment. Click here to read more.

I want to claim compensation for a street trip injury. How much compensation can I claim and what expenses can I recover when I make a street trip injury claim?

The Injuries Board is responsible for determining how much you will receive as ‘general damages’ when you claim compensation for a street trip. General damages are calculated for your pain, suffering and loss of amenity and will be based on the information submitted by your doctor on the medical assessment form (Form B) with reference to the Book of Quantum. Click here to read more.

After having my hair dyed a month ago I suffered a bad burn on my scalp and wish to know about compensation for hair dye burns. It has healed slightly but the damage is still visible. Am I eligible to make a claim?

You may be entitled to make a compensation for hair dye burns claim if it can be established that your injury came as a result of your hair colourist’s negligence. For negligence to be determined, it must be proven that the colourist used a product on your scalp that was intended for “off the scalp” use only or that he or she behaved in a poor professional manner in applying the off the scalp dye which led to the burn injuries when the product came into contact with your scalp. Click here to read more.

How do I claim failure to recognise meningitis compensation if my son suffered brain damage due a misdiagnosis of his symptoms?

If you wish to claim failure to recognise meningitis compensation on behalf of your son, the procedure is quite straightforward. However, you will need to engage the services of a solicitor as you cannot process a failure to recognise meningitis claim for compensation through the Injuries Board Ireland and, should you encounter any legal challenge to your son´s claim, the solicitor´s experience in dealing with legal issues will be invaluable – indeed essential should litigation of your son´s claim be required in court. Click here to read more.

I would like to claim tripped on office carpet compensation after I fractured my wrist in a fall at work, but my employer says that I should have looked where I was going. What can I do?

If you have suffered a broken wrist due to tripping on an office carpet at work, and your employer was responsible for maintaining the carpet, you are eligible to make a tripped on office carpet compensation claim irrespective of whether your employer is prepared to admit liability for your injuries or not. Continue reading this answer.

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

Without conducting an evaluation of your bruise injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a bruise 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 bruise injury compensation claim and the independent medical examination you underwent. Click here to read more.

Would it be possible to claim compensation for the loss of a tooth due to a dentist error if my dentist missed an infection developing in my gum which meant I later had to have a tooth extracted?

If your dentist has made a mistake which led to you having a tooth needlessly extracted, you should be eligible to claim compensation for the loss of a tooth due to a dentist error. However, the essential consideration that has to be taken into account before a claim for losing a tooth due to a dentist mistake is that ‘at the time and in the circumstances’ would another dentist have spotted the development of the infection in your gum. Read the full answer.

I want to find out if I can claim restaurant cook burn injury compensation for severe burns from a faulty fryer. The thermostat was broken and the oil was too hot, causing it to boil over and burn my hands and face when I lowered chips into it.

In order to be eligible to claim restaurant cook burn injury compensation you must have sustained burns due to your employer´s negligence and you cannot have been primarily to blame for the accident. Click here for the full answer.

I was hit by an item falling from a forklift truck being driven by a delivery company driver. My boss has told me that I should be able to claim compensation for broken bones in my toes against the delivery company. Is this correct?

In order to claim compensation for being hit by an item falling from a forklift truck you must prove that the accident was caused by negligence of a third party. Most personal injury claims at work are made against an employer’s liability insurance company. Read the full answer.

Is there any guarantee that I will receive school cook burn injury compensation? I do not want to take legal action if I will not be awarded any personal injury compensation.

Without being aware of the circumstances that might entitle you to claim school cook burn injury compensation, it is difficult to determine whether your claim will be successful or not. A solicitor assessing whether you have a claim for compensation for a burn sustained by a school cook would need to know whether your injury was sustained due to the negligence of your employers at the school – either due to faulty equipment or a hazardous working environment – and if your accident could have been prevented with greater care – not only from your employers, but also from yourself. Read the full answer.

How can I claim chest injury compensation if the driver responsible for the car crash where I was hurt drove away before I could even see his car registration?

Being involved in a car crash in which you sustained an injury is bad enough, but the situation is all the more distressing when the driver is unknown, making the possibility of claiming chest injury compensation seem like an incredibly daunting task. In this scenario you would be highly advised to contact a solicitor at the first opportunity possible who will be able to handle all of the necessary procedures and make the claim on your behalf. Read the full answer.

Can I make a claim for broken foot in accident against my employer if the injury was sustained at work?

You may be eligible to claim for broken foot in accident if your injury was sustained during the course of your employment due to a third party’s negligence. In cases involving accidents that occurred at work the person deemed responsible for the injury would likely be your employer. Click for further details.

I tripped on a pothole as I was crossing the street and strained my thumb when I tried to break my fall. I did not get the contact details of anybody who saw my accident and wonder if it is still possible to claim pothole injury compensation.

It is not always necessary to have eye-witnesses to support claims for pothole injury compensation if other forms of evidence can be provided – such as photographs of the pothole over which you tripped which identify the pothole as a hazard and medical records which confirm your injury at the time you claim you sustained your pothole injury. Click here to read more.

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

Without conducting an evaluation of your broken leg injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a broken leg 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 broken leg injury compensation claim and the independent medical examination you underwent. Click here to read more.

Can I claim compensation for falling in a shop if there were no witnesses to see my fall? I fractured my wrist when I fell over bin and am currently unable to drive my car to work.

Even if no one was present to witness your fall it is possible that you can still claim compensation for falling in a shop – provided that the shop can be proven to have breached their duty of care. Shops have a legal responsibility to provide a safe and clean shopping environment and it must be proven that the accident in which your wrist was fractured could have been avoided if the staff would have had a reasonable amount of time to remove the hazard. Click to see the answer.

I slipped on a grape in my local supermarket and fractured my elbow when I fell. Is it possible to claim compensation for my injuries over something so small?

You will be able to claim compensation because you slipped on a grape in the supermarket if it can be shown that your injury was attributable to the negligence of the supermarket management or its staff. This can be difficult when it may be hard to determine how long the grape had been on the floor and where it originated from. Click here to read more.

Can I claim Tesco car park accident compensation if my heel got caught in a drain causing me to lose balance, bringing my trolley down upon me? I injured my arm quite badly.

You may well be able to claim for Tesco car park accident compensation but only after completing some important procedures, which should be carried out at the first moment possible, if you have not already done so. Click here to read more.

Is it true that a woman will get more compensation for a dentist taking out the wrong tooth than a man would get?

Inasmuch as the law recognises the importance that a woman places on her appearance, there are more factors involved in calculating settlements of compensation for a dentist taking out the wrong tooth than just gender differences. Click here to read more.

Am I entitled to compensation for a shop injury from slipping and falling? I tore the tendons in my thumb trying to break my fall and cannot currently work or drive.

Provided that it can be established that your injuries were attributable to a lack of care by the staff at the shop in which you tore your tendons, you should be entitled to compensation for a shop injury from slipping and tripping. Shops have a duty of care to provide customers with an environment in which it is safe to shop and, if staff have failed to spot a hazard which led to your injury, they are in breach of that duty of care and liable in a claim for shop injury from slipping and falling. Click here to read more.

How long does it take to make a claim for lung cancer misdiagnosis compensation?

There are a number of factors which can influence how long it takes to make a claim for lung cancer misdiagnosis compensation and, without making having an assessment of your personal circumstances, it is impossible to answer your question accurately. Click here to read more.

Is it possible to claim ambulance accident compensation for a whiplash injury even when the ambulance was on an emergency journey to the hospital?

You may pursue a claim for ambulance accident compensation if it is found that the ambulance driver was responsible for the accident. Despite the exceptions to normal traffic rules that are given to emergency vehicles, they should still acknowledge other road users. Click here to read more.

I recently found out that a safety pin had been left in me following a C-section operation and my friend says that I can claim for a foreign object left in a patient. Is this right?

You would only usually be eligible to claim for a foreign object left in a patient if you have suffered an “adverse reaction” or diagnosed injury due to the presence of the safety pin. However, due to the nature of the foreign object and the danger it presents to your health, a doctor would usually recommend that you undergo surgery to have the foreign object removed – thus having to go through an “unnecessary” surgical procedure which will cause you some pain and from which there will be a recovery period during which you may be unable to work or enjoy your regular lifestyle. Click here to read more.

How and why is the law changing for amounts of compensation awarded in a brain injury settlement?

Proposed changes in the law relating to compensation awarded in a brain injury settlement have not yet been finalised, but are expected to be introduced later this year. Some judges have already introduced “interim” payments in cases involving severe injury, to ensure that victims who will require life-long care are supported for the full remainder of their lives and do not have to rely on State aid when funds from the brain injury settlement are exhausted. Click here to read more.

Can I claim compensation for an accident in a hotel in Ireland for a slip and fall on a wet floor?

Your eligibility to claim compensation for an accident in a hotel in Ireland because of slip and fall accident due to a wet floor is going to depend on the circumstances of your accident. Click here to read more.

Is it possible to claim bin man injury compensation for loss of hearing from working in a noisy environment. I have worked for 20 years as a bin man and my doctor told me my hearing loss was most likely caused by noise at work.

You are entitled to claim bin man injury compensation for any injury which has been caused by the negligence of an employer; and loss of hearing is no exception. However it is important that you speak with a personal injury solicitor about making a bin man injury compensation claim for loss of hearing. Click here to read more.

Is it possible to claim compensation for injuries caused by nails and splinters on a wooden pallet? Someone put a wooden pallet on the floor behind me and I fell over it. I got numerous splinters and suffered a cut on my leg from a nail in the pallet.

It is possible to claim compensation for injuries caused by nails and splinters on a wooden pallet provided that the injuries you received were caused by the negligence of your employer or another employee. Your injuries must also have been severe enough for you to seek medical attention. Click here to read more.

Is it true that the medical negligence Statute of Limitations in Ireland means my son cannot claim for the misdiagnosis of a fracture until he is eighteen?

Inasmuch as it is true that children have until they are legal adults before the time limit imposed by the medical negligence Statute of Limitations in Ireland begins, it does not necessarily mean that your son cannot make a claim for the misdiagnosis of a fracture before he reaches adulthood. Click here to read more.

Can a passenger receive injury compensation for a car crash when the driver is drunk?

While there is some level of contributory negligence, you are certainly entitled to injury compensation. A key consideration is whether you had prior knowledge that the driver had consumed alcohol. Click here to read more.

Should I accept the seemingly low Injuries Board assessment of how much compensation for radial nerve damage in accident I should get?

It is impossible to recommend whether you should accept the Injuries Board Ireland’s assessment without a thorough investigation of your compensation for radial nerve damage in accident claim. The Injuries Board would have calculated the amount of accident radial nerve damage compensation based on the information you supplied when you submitted your application foe assessment and the independent medical examination you undertook. Click here to read more.

Is it possible to claim compensation for electric shocks caused by faulty equipment at work?

You may be entitled to claim compensation for electric shocks caused by faulty equipment at work; however you must have sustained a personal injury due to the electric shocks which was treated by a doctor. Only when you have received a full medical examination and had your injuries treated should you consider claiming compensation for electric shocks caused by faulty equipment at work. Click here to read more.

Is there any difference between claiming compensation for a delayed diagnosis due to a hospital administrative error and because a doctor made a mistake?

Whenever a solicitor is compiling a medical negligence claim – whether it is a claim for compensation for a delayed diagnosis due to a hospital administrative error or a claim because the wrong kidney was removed during surgery – every aspect of why there was a breach in the ‘duty of care’ is analysed. Click here to read more.

My daughter suffered from a lack of oxygen during her delivery and now has irreversible brain damage. How can I prove that her birth was mismanaged so that I will be able to claim child brain injury compensation?

In order to prove that your daughter´s birth was mismanaged, and to be eligible to claim child brain injury compensation, you should rely on a review of your relevant medical records by an expert obstetrician. The obstetrician will determine whether better monitoring of your condition before you gave birth to your daughter would have prevented the complications which deprived her of oxygen and if her brain injury was attributable to medical negligence. Click here to read more.

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

Without conducting an evaluation of your broken femur injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a broken femur 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 broken femur injury compensation claim and the independent medical examination you underwent. Continue reading this answer.

Can I claim tenant injury compensation for carbon monoxide poisoning from a faulty boiler? I was hospitalised due to breathing in the gas and think my landlord should pay me compensation.

You may be entitled to make a claim for tenant injury compensation if you can establish that your landlord was to blame for failing to maintain the boiler and ensure it could be operated safely; however, it may not necessarily be his or her fault if, for example, the gas engineer who last inspected the boiler failed to spot a fault or identify that the boiler should have been condemned for being dangerous. Click here to read more.

Do you still have to prove negligence when claiming compensation for the failure to diagnose a broken bone even though it is obvious that an error has happened?

If you want to claim compensation for the failure to diagnose a broken bone, it is not necessary to prove negligence, but an investigation to determine how the error occurred will still have to take place before a claim for the misdiagnosis of a broken bone can be resolved. Click here to read more.

Why will the Injuries Board Ireland not assess thyroid cancer misdiagnosis compensation claims when the error in diagnosis was due to a technical mistake?

Even when the cause of the erroneous diagnosis is known and liability has effectively been admitted, the Injuries Board Ireland will decline to assess thyroid cancer misdiagnosis compensation claims because – for your claim for thyroid cancer misdiagnosis compensation to be successful – it would still require an expert physician to ascertain that your doctor made an incorrect diagnosis with the information that was available to him or her “at the time and in the circumstances”. Click here to read more.

Is it possible to make a compensation claim for pedestrian knocked down at zebra crossing?

You may be eligible to make a compensation claim for pedestrian knocked down at zebra crossing, provided that the following criteria can be met. For one, the accident in which the injury was sustained must have been the result of the negligence of a third party. Click here to read more.

Is it possible to claim compensation for being injured operating heavy machinery at work to cover loss of income?

Claims for compensation for being injured operating heavy machinery at work generally encompass a variety of factors and any reimbursement for financial expenses – including loss of earnings – will be dealt separately under “special damages”. Click here to read more.

Could you give me some examples of contributory negligence cases? I was involved in an accident where I experienced serious injuries but I’m not sure where I stand as regards contributory negligence.

Contributory negligence can be applied to a personal injuries claim when two or more – and sometimes the potential plaintiff – can be jointly held responsible for causing the accident or contributing to the deterioration of injuries; examples of contributory negligence cases may include a multi-car pile-up, when the potential plaintiff fails to wear a seat belt or when the victim in an accident fails to seek immediate medical attention. These three contributory negligence examples will be outlined below. Continue reading this answer.

Is it possible to claim compensation for slipping on a spilled drink in McDonalds? I slipped on coffee which was spilt on the top of the steps, but didn’t see it as I was looking for a table.

You are certainly within your rights to claim compensation for slipping on spilled drink in McDonalds if you sustained an injury in the accident. However a claim for slipping on a spilled drink in McDonalds will only be possible if you can establish and prove McDonalds were negligent by allowing a hazard to be present which represented a risk of injury for an unreasonable period of time. Click here to read more.

Is it worth claiming compensation for a nipped bladder in surgery if I was only required to wear a catheter for two weeks?

The choice is ultimately yours as to whether you claim compensation for a nipped bladder during surgery, and if it will be worth your while is a decision that only you can make. However, it is advisable that you discuss the circumstances of the medical error with a solicitor to find out how much compensation for a surgical mistake you may be entitled to claim so that you can make that choice from an informed position. Read the full answer.

Can I claim for compensation for skin discolouration following a beauty treatment since two weeks ago I had my hair coloured at my usual beauty salon and returned home with a coloured hair line and ears? I expected it to fade but it is still the same shade after all this time.

In cases such as yours, claiming compensation for skin discolouration following a beauty treatment may not be as straightforward as others. The reason for this is the length of time you have waited before deciding to pursue a claim. Click here to read more.

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

Without conducting an evaluation of your broken finger injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a broken finger 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 broken finger injury compensation claim and the independent medical examination you underwent. Click here to read more.

How much compensation for whiplash injuries can I expect to receive in a personal injury claim?

Whiplash compensation claims are the most common type of personal injury claim to be processed by the Injuries Board Ireland yet are the hardest to determine in respect of how much compensation for whiplash you will be assessed for. Whiplash is an umbrella term covering a range of injuries that can occur when the spine and soft tissues of the neck and upper back are hyper-extended when the head is thrust back and forth in a vehicle collision. Click here to read more.

Is it true that women receive a higher settlement of facial scar compensation than men?

The amount of compensation that is awarded in a facial scar compensation claim depends on the severity of the scar, but can be influenced by the sex of the victim and their age. The law regards facial looks to be of greater importance to women than to men and, although a physical injury may be identical in two separate male/female claims, an allowance will be made in a facial scar compensation settlement for the psychological trauma a woman experiences due to her injury. Continue reading this answer.

I suffered an injury at the hands of my stylist when I last visited my local beauty salon and was wondering about compensation for beauty treatment gone wrong. Might I be able to make a claim against the salon?

You may be entitled to claim for compensation for a beauty treatment gone wrong if the injury you sustained can be proven to have been as a direct result of the negligence of the salon owner. Any business owner has a legal duty of care toward their customers and they are expected to maintain their property in a safe and clean condition. Click here to read more.

How do I prove that an accident was not my fault in a claim for supermarket injury compensation? I slipped on a greasy floor in the supermarket and broke my wrist, but the manager says that there was no hazard present?

Proving the negligence of a supermarket when you have sustained an injury and wish to make a claim for supermarket injury compensation after the event can often be difficult. The greasy hazard on which you slipped will probably have been cleared up soon after your accident happened and, if there were no witnesses who can confirm the cause of your injury, it is understandable that you are concerned that the supermarket will not be held accountable for your broken wrist. Click here to read more.

If both my baby and myself were injured due to childbirth medical negligence, do I make one compensation claim for negligence during childbirth or two?

In situations such as this, two claims for childbirth medical negligence would be made, with you representing your baby as a “next friend” in order that both claims could run in tandem – at least to the point where negotiations start for the individual settlements of compensation for injuries during childbirth. Click here to read more.

Following a serious road accident I severely injured my back but before I could even think about suing, I was offered compensation for a severed spinal cord by the insurance company representing the guy who caused the accident. It seems like a pretty low amount for my injury, but should I accept it?

The best course of action you could take would be to immediately refer this offer of compensation for a severed spinal cord to an experienced solicitor. A solicitor would be able to recommend whether the amount offered is an accurate reflection of the severity of your injury and the affect it has had on your life. Click here to read more.

Since I slipped on lettuce on the floor in Tesco and fractured my wrist, can I claim compensation because my accident happened in the store?

You would be eligible to claim compensation for the injury you sustained after you slipped on lettuce on the floor in Tesco, if it can be proven that the supermarket were responsible for your accident by failing in the legal “duty of care” that should be provided by them to all customers. However, if the lettuce you slipped on had only just appeared – having fallen from another customer’s basket, for example – where staff would not have had a “reasonable” amount of time to remove it, the supermarket could not be held accountable as their duty of care is not “absolute”. Click here to read more.

How much forehead injury compensation can I expect for a large scar on my forehead? I had 30 stiches following a car crash for which the other driver accepted responsibility, but after consulting an online claims calculator it looks like I won’t get much.

Learning how much forehead injury compensation you are likely to receive is an important part of the decision process, and it is important that the preliminary estimation you get is accurate. Consulting an online calculator would not be the best way to find out the correct amount of compensation you could receive, as they do not take individual circumstances into account. Click here to read more.

My hearing is suffering because I work in a noisy environment. How bad does it have to get before I can claim compensation for work deafness?

Employers have a legal duty under the Control of Noise at Work Regulations (General Application Regulations 2007 – Part 5 – Chapter 1) to protect workers against work deafness, and should your employer be negligent in applying these regulations to your work environment – and you sustain a work deafness hearing injury as a result – you are entitled to make a work deafness compensation claim. Click here to read more.

I ruptured my Achilles tendon at work and want to claim for Achilles tendon injury compensation. However, my boss is claiming that my injury was a sports injury – I am a keen squash player. Can I make a claim against him?

You would be entitled to claim Achilles tendon injury compensation against your employer if it can be proven that your injury was caused as a result of his negligence. An employer has a duty of care to provide a safe working environment for his employees and if your injury can be found to have been caused by an action caused by his failure to adhere to the Manual Handling Operations Regulations, he would be deemed responsible for your injury. Click here to read more.

In an accident at work I severely damaged my knee and I wanted to know if I could claim anterior cruciate ligament compensation. The accident happened when I was lifting heavy boxes.

Provided that it is established that your accident and injury were caused by the negligence of another party and that the injury occurred during the course of your employment, you should be eligible to claim anterior cruciate ligament injury compensation. In instances of workplace injury compensation claims, the negligent party is most likely to be your employer as he or she has a legal duty of care to provide their employees with a safe working environment. Click here to read more.

Can I claim compensation for slipping on a wet floor in a fast food restaurant and breaking my ankle if the floor was wet because it had been raining? The restaurant manager said the accident was not his fault due to the rain.

You can certainly claim compensation for slipping on a wet floor in a fast food restaurant if the floor was wet due to a spillage; however claiming compensation for slipping on a wet floor in a fast food restaurant due to rain is more complicated; although possible in certain circumstances. Continue reading this answer.

Can I receive injury compensation following an accident with a foreign car?

The good news is that there is legal and financial protection for Irish drivers who have accidents on Irish roads with foreign cars through the Motor Insurers Bureau of Ireland (the MIBI), an organisation set up between the Irish government and the Irish motor insurance companies. Click here to read more.

Can I claim falling object injury compensation for concussion and bruising to my head after a bottle fell off a supermarket shelf? I must also have injured my wrist when I fell and it has just started to become painful. Can this be included in my claim?

You should be eligible to make a claim for falling object injury compensation against the public liability insurance policy of the supermarket operator. All shops and supermarkets must purchase insurance to cover personal injuries to members of the public which occur on the premises; however your right to make a falling object injury compensation claim can be placed in jeopardy by the actions which you took after the accident. Continue reading this answer.

Yesterday I was injured by incorrectly stacked stock in a shop, can I claim compensation? An unstable “pyramid” of crisp containers fell on me when I brushed past it, injuring my back.

The fact that you were injured by incorrectly stacked stock in a shop suggests that the shop failed in the duty of care they legally owe their customers, which means that in all likelihood you should be able to claim compensation for the injury you sustained to your back. If the shop neglected to properly train their employees, for example, they can be held responsible for your accident. Click here to read more.

How do you prove negligence if you want to claim compensation for the failure to diagnose DVT?

It is not always possible to ‘absolutely’ prove negligence in a claim for compensation for the failure to diagnose DVT, and many claims for the misdiagnosis of deep vein thrombosis are settled on ‘the balance of probabilities’ that a preventable error was made which caused you to suffer unnecessary pain due to the negligence of somebody who owed you a duty of care. Click here to read more.

I tripped and fell on a worn carpet in an office and fractured my kneecap. Can I claim compensation against my employer’s insurance?

A claim for having tripped and fell on a worn carpet in an office will only be possible if you can establish and prove that your employer has been negligent for failing to make repairs in an appropriate time frame, and by failing to take action there was a failure in a duty of care to ensure you could use the office safely. Click here to read more.

Can I claim compensation for an eye injury in a factory accident? A caustic chemical dripped in my eye from a broken pipe but my employer has said that no fault was found when a risk assessment was completed.

In order to claim compensation for an eye injury in a factory accident you must be able to establish and prove that the accident was caused as a direct result of the negligence of your employer, and that your employer failed to fulfil his or her duty of care to you to keep you safe at work. If your employer failed to identify a fault with the pipes, or had not regularly checked for signs of wear or damage, this could certainly be considered to be negligence and a claim for an eye injury in a factory accident would therefore be possible. Click here to read more.

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

Without conducting an evaluation of your lifting injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a lifting 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 lifting injury compensation claim and the independent medical examination you underwent. Click here to read more.

What sort of compensation can I expect for a brain injury following a car accident?

The level of compensation for a brain injury depends on the type of brain injury and prognosis for recovery. The fact that the brain injury was sustain during a car crash means that the defendant in the claim will likely be an insurance company (or the Motor Insurance Bureau of Ireland if the other car was not insured). Click here to read more.

I would like to make a claim for compensation for an injury due to using poorly maintained factory machinery. I sustained severe lacerations to my hands after a safety guard broke. Is it possible to claim compensation for this type of accident?

It is possible to claim compensation for an injury due to using poorly maintained factory machinery, provided you can establish that the poorly maintained factory machine was the primary cause of the accident, and you can establish and prove that the lack of maintenance was due to the negligence of your employer. If you are able to do this, there will be a good likelihood of being able to recover poorly maintained factory machinery compensation. Click here to read more.

I fell down on wet stairs in an office and want to claim compensation for breaking my ankle; however my employer said that I cannot claim as the floor was wet because it had been raining outside and it was not his fault. Is this true?

In order for a claim for having fell down on wet stairs in an office to be made, your employer must have been negligent and failed in a duty of care which resulted in you breaking your ankle. Failing to ensure that the office stairs could be used safely by staff in all weather conditions could certainly involve negligence and a failure in a duty of care. Click here to read more.

Can I make a claim for doctor misdiagnosis compensation because my doctor failed to recognise the symptoms of pneumonia and diagnosed me with a heavy cold?

Although your explanation of the events would make it seem apparent that a medical mistake has been made – and that you might be entitled to make a claim for doctor misdiagnosis compensation – cases of this nature can frequently be more complicated. Click here to read more.

When is it possible to claim compensation for spills on office floor accidents?

A slip and fall at work on spilled liquid can certainly be grounds for making a claim for compensation for spills on office floor accidents; however a number of criteria must be met in order for compensation for spills on office floor accidents to be claimed against an employer. Click here to read more.

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

Without conducting an evaluation of your jaw injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a jaw 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 jaw injury compensation claim and the independent medical examination you underwent. Click here to read more.

Can I claim compensation for slipping on a grape in a shop if it is only a small corner shop and my injury was minor?

You should be able to claim compensation for slipping on a grape in a shop if it can be proven that the shop owners or managers were negligent, and this negligence resulted in your injury. All businesses, large or small, owe their customers a legal duty or care for the provision of a clean and safe shopping environment and if you feel that they breached this duty of care, you may be eligible to make a claim for compensation against them. Click here to read more.

A huge watermelon fell onto my foot from a stock trolley when I was shopping in Tesco the other day, can I claim big toe injury compensation?

You may be entitled to big toe injury compensation; provided that it can be proven that the accident was caused by the negligence of another party. Supermarkets have a legal duty of care towards their customers to provide them with a safe shopping environment. If your injury was caused by improper training, or another form of negligence, you may make your claim against the supermarket. Click here to read more.

I was injured at the building site on which I work when a board blew off from the scaffolding and broke my shoulder when it hit me. The site supervisor says that I will not be entitled to scaffolding injury compensation because I was self-employed and should claim off my own insurance. Is that right?

Irrespective of your employment status, you will be able to claim scaffolding injury compensation if you have sustained a personal injury due to the negligence of somebody else working on the site. In this particular case, the scaffolding board which fell from the structure could not have been affixed adequately in relation to possible high winds, and therefore a lack of care is evident from your resulting accident. Click here to read more.

Am I entitled to claim fire engine accident compensation if my car collided with a fire truck that was driving on the wrong side of the road?

You may claim fire engine accident compensation if full or partial negligence can be proven on the part of the fire engine driver. Even though emergency service vehicles are allowed a wide berth around normal traffic rules, the drivers still owe other road users a duty of care. Click here to read more.

I wanted to claim compensation for tripping over cables in an office for a broken wrist, but my manager has told me that it is not possible as the cables were taped to the floor. Is this correct?

Your manager may not feel that you are entitled to make a claim for compensation for tripping over cables in an office as he had made a cursory effort to reduce the risk of tripping by taping the cables to the floor. However, although your manager took some action to reduce the risk of tripping it clearly was not sufficient to prevent an accident from happening. Click here to read more.

What do I need to do to prove negligence?

As you might have guessed, this is not always straightforward. In the case of slips and falls in the workplace, the HSA has published guidelines that represent the very minimum effort that employers should follow. Click here to read more.

Is it possible to claim compensation for losing finger in accident when the injury was caused at work by a faulty power tool?

You may be entitled to claim compensation for losing finger in accident if it can be proven that the accident was due to your employer’s negligence. The fact that the power tool was faulty indicates that the may have employer failed in his or her duty of care to provide you with a safe working environment and therefore may be named as responsible for your injury. Click here to read more.

The assessment I received from the Injuries Board Ireland for my personal injury damages is very low. Can I appeal against their assessment?

The Injuries Board Ireland will have calculated their assessment of your personal injury damages on the evidence you submitted with your application, your independent medical examination and any further information provided by you at the time. If you were expecting a higher assessment of personal injury damages, you should consider how you came by that expectation. Click here to read more.

Have I left it too long to claim childbirth medical negligence compensation for an Erb´s Palsy injury my son suffered at birth if he is already two years old?

When a child is the injured party, they have two years from their eighteenth birthdays in which to make a claim for childbirth medical negligence compensation in Ireland. This is because minors – children under the age of eighteen – cannot by law instruct a solicitor or make claims for a personal injury in their own right. Click here to read more.

Are there any circumstances in which it would be possible to claim miscarriage compensation in Ireland?

Experiencing a miscarriage is an exceptionally traumatic experience, but in order to claim miscarriage compensation it has to be proven that the miscarriage was attributable to medical negligence and that you – assuming you were the pregnant mother-to-be – suffered a quantifiable injury as a result. Click here to read more.

Can I claim compensation for a hand injury in a factory accident if I was injured due to a faulty machine guard which failed to cut off the machine. When I lifted the guard, the machine did not cut out and my hand got trapped in the moving parts.

You should be entitled to make a claim for compensation for a hand injury in a factory accident against your employer’s liability insurance company. It would appear that by failing to ensure that health and safety control measures were functioning correctly your employer has been negligent and failed in a duty of care to keep you safe at work. Click here to read more.

I have been told that it is possible to claim misdiagnosis of Lymphoma compensation when symptoms of the disease have been missed by a doctor. My mother has now been diagnosed with Non-Hodgkin’s Lymphoma, but visited a doctor with symptoms six months ago. Is she eligible to claim compensation for the misdiagnosis of Lymphoma?

It may be possible to claim misdiagnosis of lymphoma compensation if a patient visits a doctor with advanced symptoms of this cancer, and the symptoms are misinterpreted and are attributed to another condition, are missed entirely or the patient is not referred to an oncologist for further testing. However this does not necessarily mean that a claim for the misdiagnosis of lymphoma compensation can be made in every scenario. Click here to read more.

Can I claim compensation for a slip and fall in a foreign hotel while abroad on vacation in Ireland?

If you have been visiting Ireland from overseas, and sustain an injury due to a slip and fall in a foreign hotel while abroad on vacation in Ireland, you have exactly the same rights to injury compensation as a citizen of Ireland, provided that certain conditions are met. Click here to read more.

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

Without conducting an evaluation of your cut finger injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a cut finger 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 cut finger injury compensation claim and the independent medical examination you underwent. Read the full answer.

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.

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. Read the full answer.

I made a claim for broken nose injury compensation after walking into a glass door in a shop for which the shopkeeper admitted liability. However the Injuries Board assessment of how much compensation for a broken nose injury I should get seems low to me. Should I accept it?

Without conducting an evaluation of your broken nose injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a broken nose 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 broken nose injury compensation claim and the independent medical examination you underwent. Click here to continue reading.

My husband developed an infection after a procedure at our local hospital which kept him from working for three months. Is it possible to make a surgery infection compensation claim against the hospital to recover his lost wages?

There are several conditions which have to be fulfilled before it can be confirmed that your husband is eligible to make a surgery infection compensation claim against the hospital – the first being that your husband actually contracted the infection due to – or after – surgery due to negligence at the hospital. Click here to read more.

How do I know if I am entitled to receive moped crash compensation?

Provided you sustained an injury in an accident that was not your fault you should be able to claim for moped crash compensation. Think of it in the same way as if you were a pedestrian; if you were knocked down by a car when on foot and you suffered an injury as a result, you would be able to make a personal injury compensation claim. Read the full answer.

Can I claim restaurant waiter injury compensation for a scalding injury? The head chef tripped on the uneven kitchen floor and dropped a pot of boiling stock which severely scalded my legs.

A claim for restaurant waiter injury compensation can be made against the restaurant owner’s liability insurance policy if the accident can be attributed to his negligence. In this case, it would appear that the owner may have been negligent for a failure to maintain the restaurant to an appropriate standard, or to ensure that the kitchen was safe. Click here to read more.

Can I claim factory trip injury compensation after tripping over a box left in a doorway by a delivery company? My manager told me I cannot claim compensation against the factory as it was nothing to do with them.

Your manager may be correct in saying that you cannot claim factory trip injury compensation against your employer; although this does not mean that you are not entitled to claim compensation for your injuries. A factory trip injury compensation claim should be possible provided that you sustained an injury which was severe enough to warrant seeking medical attention, although the claim may need to be made against the delivery company rather than your employer. Continue reading this answer.

I was recently diagnosed with diffuse pleural thickening which is due to exposure to asbestos. I am worried that my condition may deteriorate into mesothelioma cancer and want to know if it is possible to include future illnesses in pleural thickening compensation claims.

Pleural thickening compensation claims can only be made for the injury you have sustained at present and not for any potential future deterioration of your condition which may – or may not – occur. Your fears of diffuse pleural thickening developing into mesothelioma cancer may be well-founded, but until such time as you are diagnosed with mesothelioma cancer, it will only be possible to claim compensation for pleural thickening in relation to the symptoms you are displaying at this time. Click here to read more.

When I slipped on spilled cooking oil in a supermarket I fractured my wrist. Am I entitled to claim for compensation?

You should be entitled to claim for compensation for the injury you sustained when you slipped on spilled cooking oil in a supermarket if it can be proven that the supermarket owners were responsible for your accident. Supermarket owners or managers legally owe their customers a “duty of care” to provide a safe and clean shopping environment and if this duty of care is proven to have been breached with your accident occurring as a result, you can make a compensation claim against the supermarket. Continue reading this answer.

I was injured on a wet floor in an office when a colleague slipped and knocked me over. I severely sprained my ankle and injured my shoulder when I fell over. Do I claim compensation against her or my employer?

There are many reasons why slips and falls occur in the workplace; however claims for being injured on a wet floor in an office are always made against a negligent third party who was responsible for an accident. In your case, although it was your work colleague who caused you to be injured, the reason for her slipping and falling was the wet floor. Click here to read more.

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

Without conducting an evaluation of your dislocated shoulder injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a dislocated shoulder 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 dislocated shoulder injury compensation claim and the independent medical examination you underwent. Click here to read more.

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

Without conducting an evaluation of your fractured wrist injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a fractured wrist 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 fractured wrist injury compensation claim and the independent medical examination you underwent. Click here to read more.

I have recently been diagnosed with colophony induced asthma and am unsure if I qualify to make colophony asthma compensation claims against my employer.

Colophony asthma compensation claims are most frequently made by workers in the electronics industry who regularly work with solder flux; a resin used in the manufacture of electrical components and circuit boards. Colophony resin gives off fumes which are known to cause respiratory problems – in particular causing asthma attacks – and your employer should have provided you with personal protective equipment to avoid the inhalation of the hazardous fumes. Continue reading this answer.

Can I claim for compensation for skin burns caused by a hair dryer in a hair salon? When I last visited my usual hair salon an unfamiliar stylist used a setting that was far too hot and I have suffered serious burns as a result.

It is possible to claim for compensation for skin burns caused by a hair dryer in a hair salon when it can be proven that the hair stylist acted negligently; provided that you mentioned the fact that the setting was too high and that the stylist ignored your pleas. The stylist may contend your claim by saying she or he couldn’t hear over the noise of the hair dryer and thus it would be worth your while collecting information and details from potential witnesses who could support your claim. Click here to continue reading.

How much compensation will I get for broken tibia compensation?

The amount of broken tibia compensation you are eligible to receive relies entirely on your case’s individual merits. Personal injury compensation is calculated by encompassing a number of elements and the value assigned to each element depends on your personal situation. Click here to read more.

Is it possible to claim airport accident injury compensation for being knocked over by an airport employee who was pushing luggage trolleys? I was hit from behind and I fell over my suitcase and fractured my collarbone.

It is possible to claim airport accident injury compensation provided that the accident in which you sustained a personal injury was the result of third party negligence. A duty of care must also have been owed to you and breached in order to claim compensation for an accident in an airport. Click here to continue reading.

I had a bad fall at work in which I suffered a wrist fracture injury and also sustained damage to the ligaments in my hand. Which injury should I claim compensation for?

Assuming that your employer is to blame for your fall at work, you are entitled to claim compensation for both the wrist fracture injury and the damaged ligaments. However, there are certain considerations that you have to bear in mind when completing your application to the Injuries Board Ireland for an assessment of compensation. Click here to read more.

Can I claim nurse back injury compensation against my employer for failing to provide a mechanical hoist to lift patients? I slipped a disc helping a patient get back into bed when no colleagues were available to help as we are very short staffed.

You will be entitled to claim nurse back injury compensation against your employer if you can establish and prove that there has been negligence, and a lack of attention to your personal safety resulted in you sustaining a back injury at work. Click here to read more.

Am I entitled to claim hand injury at work compensation if I work in a hairdressers and have been diagnosed with contact dermatitis by my doctor?

There are a number of ways in which your employer should prevent the risk of contact dermatitis at work – from limiting the number of clients you attend each day to providing you with latex gloves to eliminate your contact with water – and, should they fail in any of their health and safety obligations, you should be able to claim hand injury at work compensation. Read the full answer.

How much compensation for being injured by an automatic door should someone receive? My son’s nose was broken when he walked into an automatic door that didn’t open properly and the shop has now offered him 1500 Euro. Is this enough?

Each compensation claim is different, even when two people suffer the same injuries that were sustained in a similar accident, and your son’s claim for compensation for being injured by an automatic door should be assessed by its own individual merits. It may be the case that the amount offered by the shop is a fair and sufficient amount to but it is advised that you consult with a solicitor who is in a good position to give you a preliminary estimate of how much compensation you should genuinely be entitled to. Click here to read more.

Why will the Injuries Board Ireland decline to assess a compensation claim for a wrong disc removed in an operation?

A compensation claim for a wrong disc removed in an operation is categorised as a personal injury claim attributable to medical negligence and, under the Personal Injury Assessment Board (PIAB) Act of 2003, falls outside of the Injury Board Ireland´s remit to assess compensation for a personal injury. This means that, although you may have an indisputable claim for compensation for the removal of the wrong disc, you will still require the services of a medical negligence solicitor to help pursue your case. Read the full answer.

How can I claim compensation for loss of sight? I was blinded by bleach when I collided with a stationary cleaning trolley in a shop.

Your mother would be eligible to claim compensation for loss of sight if it can be shown that the shop owner or manager was negligent and responsible for her injury. The shop owner has a duty of care towards their customers to provide them with a safe shopping environment and should it be breached in any way, leading to an accident, they can be named as the party to blame for the victim’s injury. Click here to read more.

My wife was paralysed in a car accident and we have received conflicting advice about making paralysis injury compensation claims. Some people say we have to apply to the Injuries Board Ireland for compensation, others say we do not need to. Please tell us what is right.

First of all, the Injuries Board Ireland does not settle paralysis injury compensation claims – it only assesses how much compensation for a paralysis injury they feel your wife is entitled to based upon the information that you and your wife´s doctor have provided them with. The insurance company of the negligent driver who caused the accident in which your wife was paralysed will be responsible for paying the assessment of paralysis injury compensation – but only if you and they both agree with the Injuries Board Ireland´s calculations. Click here to continue reading.

A friend told me that I can claim compensation for slipping on a spilled drink in a fast food restaurant to recover loss of earnings. Is this correct? I have not been able to go to work for six weeks due to a broken leg and I do not receive sick pay.

Your friend is correct, as it is possible to claim compensation for slipping on a spilled drink in a fast food restaurant for loss of earnings. Any cost or financial outlay necessitated by the accident or the injuries which were sustained can be recovered in a claim for slipping on a spilled drink in a fast food restaurant as special damages – provided it can proven that the fast food restaurant was responsible for your broken leg due to its lack of care. Click here to read more.

How difficult is it to establish medical negligence when you want to claim compensation for a hospital patient with bed sores due to inadequate nursing care?

Establishing medical negligence in order to claim compensation for a hospital patient with bed sores is not particularly difficult, as the bed sores are unlikely to have developed if adequate nursing care had been provided. Click here to continue reading.

As our father suffered a serious injury in an accident last month we want to know if he can claim spinal injury compensation. His accident happened when his car collided with another car that was speeding.

If it can be proven that the accident that caused your father’s injury was due to another party’s full or even partial negligence, he should be able to claim spinal injury compensation. As you will understand from your father’s injury, spinal damage is very serious and it is recommended that to proceed with a case such as this, you engage with the assistance of an experienced solicitor. Click here to read more.

I want to claim compensation for cutting a hand in a factory. Should I use a solicitor to pursue the claim or make the claim directly through the Injuries Board?

You should certainly seek legal advice about claiming compensation for cutting a hand in a factory, and this can only be provided by a personal injury solicitor. You should discuss the circumstances of the accident, the severity of the injury which has been sustained, how it has affected your quality of life and the procedures you followed after the accident. Click here to read more.

Can I claim for tripped on loose carpet in shop compensation if I fractured my ankle when I fell but nobody saw the accident?

The first thing to establish when pursuing a claim for tripped on loose carpet in shop compensation is that the shop owners failed in their duty of care to provide you with a safe shopping environment and were therefore to blame for your injury. However, it is worth noting that the shop owners do not have an “absolute” duty of care meaning that they cannot be held responsible if the carpet was loosened soon enough before you tripped so that the shop staff would not have had a “reasonable” period of time in which to repair the problem. Click here to read more.

Can I make a compensation for scalp damage from hair products claim if I developed a painful rash on my scalp after hair dye was applied?

You may be eligible for compensation for scalp damage from hair products if the product used can be proven to have been faulty or if a hairstylist did not perform a patch test 48 hours before the full treatment, which they are legally required to do. If the scalp injury was a result from an at-home dye kit, it is worth noting that these types of kits should provide the user with instructions including the recommendation that the user perform a patch test 48 hours before usage. Click here to read more.

How is it determined who is at fault for read end accident?

The matter of who is at fault in rear end accident depends on each individual case but it is generally assumed by the law and insurance companies that unless proven otherwise, the rear-ending driver is responsible. However, this tenet does not consider the many scenarios in which the front car may be fully or partially to blame, for example, if the front car’s brake lights were not functioning properly. Read the full answer.

Will I have to go to court to resolve a claim for orthodontic surgeon negligence?

It is unlikely that you will need to go court to resolve a claim for orthodontic surgeon negligence, as if you solicitor does not feel that you have a viable claim for negligent orthodontic treatment, he or she would not advise you to proceed with legal action. Click here to read more.

I want to claim compensation for an accident on board an airplane for being hit on the head by a bottle which fell from an overhead locker. How can I prove that the accident was caused by negligence?

A claim for compensation for an accident on board an airplane is not governed by the same legislation as an accident which occurs on the ground in Ireland. Although a claim for personal injury compensation would normally require the accident victim to be able to establish and prove that an injury resulted directly from the negligence of a third party, this is not the case for an accident which occurs on board an aeroplane. Click here to read more.

Is it possible to claim for miscarriage misdiagnosis compensation if I was told my baby had died and prescribed Cytotec, but did not take it and my baby survived?

Although it is fortunate that neither you nor your baby came to any physical harm, it may be possible to make a claim for miscarriage misdiagnosis compensation for the psychological injury you experienced at the time you were incorrectly diagnosed as having miscarried and for any difficulty you have experienced bonding with your child since he or she was born. Click here to read more.

Is a court appearance necessary to recover compensation for laser eye surgery gone wrong after I developed night vision problems which will need revision surgery to correct?

Although claims for compensation for laser eye surgery gone wrong are considered to be medical negligence claims, and consequently any the Injuries Board Ireland will reject any applications for assessment submitted to them, you may be able to recover compensation for negligent laser eye surgery without your claim having to be litigated in court. Click here to read more.

I injured my breastbone in a car accident and want to know if I am entitled to claim sternum injury compensation?

Provided that the injury you sustained was due to another party’s negligence you should be able to claim sternum injury compensation. There are circumstances in which the amount you are entitled to could be reduced, such as if you were partially responsible for the accident or if you waited for a significant period until seeking medical attention or if you accept an unsolicited offer of compensation from the negligent party’s insurance company. Click here to read more.

I was told by a colleague that if I claim compensation for falling over an extension cord in an office I will be sacked. However, it was a genuine accident and I sustained a serious back injury. Can my employment be terminated for claiming? What should I do?

There is a common misconception that making a personal injury claim against an employer – such as claiming compensation for falling over an extension cord in an office – will result in the termination of a work contract. However, most employers would not discriminate against an employee who has been genuinely injured at work and who needs to claim compensation for falling over an extension cord in an office. Click here to read more.

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

Without conducting an evaluation of your knee injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a knee 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 knee injury compensation claim and the independent medical examination you underwent. Click here to continue reading.

When is it possible to claim office trip injury compensation? How can I tell if I am eligible to claim for my injuries?

In order to be eligible to claim office trip injury compensation you must have sustained an injury in a tripping accident at work which was attributable to the negligence of your employer or another third party who owed you a duty of care. Click here to read more.

If my son has been diagnosed with cerebral palsy, how do I know how much compensation for permanent brain damage at birth to claim for?

The calculation of compensation for permanent brain damage at birth is a complicated one. The major factor will be the level of disability that your son has suffered, but there are many more considerations to take into account when assessing the value of a claim for brain injuries at birth. Read the full answer.

I fell in a shop recently and fractured my elbow, can I claim for “slipped on a wet floor in shop compensation?”

In order to be eligible to claim for slipped on a wet floor in shop compensation; it must be proven that your accident occurred as a result of a breach in the legal duty of care that should have been provided by the supermarket. Wet floors in shops are recognised as being common slip hazards and the shop management would usually be adamant in making sure that any threat of a customer slipping on a wet floor is eliminated. Click here to read more.

How much compensation for falling in a pothole am I likely to receive for a broken ankle and cuts to my hands and face?

Provided that your pothole accident was caused by negligence of the local authority and you are able to prove that this was the case, the Injuries Board assess how much compensation for falling in a pothole you are entitled to receive as ‘general damages’ for pain, suffering and loss of amenity. Click here to read more.

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

Without conducting an evaluation of your finger tendon injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a finger tendon 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 finger tendon injury compensation claim and the independent medical examination you underwent. Click here to read more.

Is it possible to claim compensation for Lyme disease at work? I work in an abattoir and I am sure I was bitten by ticks at work.

It is possible to claim compensation for Lyme disease at work; however in order to do so you must be able to establish that you developed Lyme disease from coming into contact with ticks at work and that your employer failed in a duty of care to protect you from tick bites. A claim for compensation for Lyme disease at work will only be possible if you have contracted the disease due to the negligence of your employer. Click here to read more.

I want to claim nursery assistant injury compensation for a fractured pelvis after slipping and falling on water from a leaking radiator, but the nursery has no money. How will this affect my compensation claim?

Your claim for nursery assistant injury compensation will not be affected by the fact that your nursery does not have spare money to pay compensation for your injuries. A claim for nursery assistant injury compensation will not be paid out of nursery’s funds, but will be paid by the nursery´s insurance company. Click here to read more.

My employer has told me that I cannot claim warehouse injury compensation as I injured my back when lifting using an incorrect technique. However I have not been told how to lift properly as I missed the training through illness. Does this mean I cannot claim for my back injury?

A claim for warehouse injury compensation should be possible provided that your back injury was caused by employer negligence. Negligence is a legal term which means that your employer owed you a duty of care and by action or inaction has failed to fulfil that obligation. Click here to read more.

How do you claim compensation for C Section injuries which needed a second surgical procedure to repair a damaged bladder?

Claiming compensation for C Section injuries in this scenario can often be complicated as it has to be shown that the damage to your bladder was avoidable ‘at the time and in the circumstances’ and was caused by medical negligence. Click here to read more.

I recently suffered whiplash from a motorbike crash and am eager to claim for compensation, however as I was speeding at the time, I feel I may be partially to blame for the accident.

It may be possible for you to claim for compensation for whiplash in a motorbike crash even if you are partially to blame for the accident that led to you sustaining your injury, although it is important that you raise your concern about the possibility during your first meeting with your solicitor. If you are found to have contributed in some way to the accident in which you were injured while on a motorbike, your contribution to the accident will be factored into any final settlement you might receive. Click here to read more.

Can I claim compensation for Reactive Airways Dysfunction Syndrome after breathing in chlorine gas at work? How much will my RADS compensation claim be worth?

A claim for compensation for Reactive Airways Dysfunction Syndrome should be possible provided that the accident which caused chlorine gas to leak was caused by employer negligence or the negligence of another third party. Click here to read more.

Can an employer whose usual tasks do not include lifting and pulling claim compensation for manual handling injury to office worker?

It is possible for any employee who has suffered a workplace injury to claim compensation for manual handling injury to office worker, provided that the injury was sustained during the course of their employment and that it was caused as a result of their employer’s negligence. Click here to read more.

What is the O Byrne Letter precedent? I was involved in a multi-car accident and my friend mentioned I might need to send one.

The O Byrne Letter precedent refers to a letter that would be sent to multiple respondents involved in a personal injury compensation claim. This task would normally be performed by a solicitor once they have been instructed by their client. Click here to read more.

I was recently driving a rental car when I was involved in an accident – who is liable for compensation for crash involving a rental car?

Without specific details of your accident and injury, it is difficult to determine which party is liable for your compensation for crash involving a rental car. However as long as you were not to blame for your accident and injury from rental car crash, it should be perfectly possible to claim compensation following your accident. Click here to read more.

What must I do in order to claim compensation for injury by falling stock incorrectly stacked in warehouse? A pot of paint fell from a high shelf in the warehouse and broke my collarbone. I am now back at work and the paint is still incorrectly stacked.

In order to make a claim for compensation for an injury by falling stock incorrectly stacked in a warehouse you must establish and prove that your injury was attributable to the negligence of your employer. Although your employer will probably not have stacked the paint pots personally, it is ultimately your employer’s responsibility to ensure that work is completed correctly and that items are stacked correctly in the warehouse. Click here to read more.

Can I claim compensation for broken arm at work when, as a nurse, a patient caused my injury?

You may be able to claim compensation for broken arm at work although you should be aware that as a nurse assaulted by a patient, you would be entering a particularly complicated area of personal injury law. The possible difficulty surrounding such a case would involve the patient, and whether he or she had a diminished mental capacity; and that, if so, may not be legally accountable for their actions. Click here to read more.

When you claim compensation for a perforated bowel during surgery, can you include being embarrassed because you have to wear a colostomy bag?

Every aspect of a surgeon´s mistake and the consequences that it has on your quality of life should be included when you claim compensation for a perforated bowel during surgery. Click here to read more.

My manager told me that I am unlikely to be able to claim factory slip compensation as I did not seek medical treatment for a week. I have now been diagnosed with whiplash injuries and need to recover loss of earnings. Is it still this possible?

In order to claim factory slip injury compensation you must have sought medical attention for your injuries. A doctor must have performed an examination and assessed any physical (and psychological) damage caused by an accident in the workplace. Only by obtaining an accurate diagnosis can the correct treatment be prescribed, and prompt medical attention will ensure it has the maximum effect and that injuries do not deteriorate. A factory slip injury compensation claim will rely on medical records as proof of injury. Continue reading this answer.

If I had to undergo chemotherapy due a delay in correctly diagnosing colorectal cancer, does this entitle me to make colon cancer misdiagnosis compensation claims?

You will be entitled to make colon cancer misdiagnosis compensation claims provided that it can be shown that the delayed diagnosis of colorectal cancer was due to a medical mistake and that chemotherapy would not have been required had the correct diagnosis not been delayed. Click here to read more.

Do I need a solicitor to claim prescribed wrong medicine compensation or should I apply for compensation for being prescribed the wrong medicine to the Injuries Board?

Inasmuch as it is advisable to engage the services of a solicitor when making any personal injury claim, it is essential that you use a solicitor to make a claim for prescribed wrong medicine compensation as the Injuries Board Ireland regard claims such as these as medical negligence and – although an admission of negligence is practically assured – will decline to process claims for assessment submitted to them. Click here to read more.

I have been contacted by my employer’s insurance company with an offer of €5,000 as compensation for lacerations in a factory. How can I check to see if this compensation amount is fair?

You are right to query the amount of compensation for lacerations in a factory you have been offered. Any offer of compensation by an insurance company is for a full and final settlement for the accident, and once it is accepted no further claims can be made. Click here to read more.

I used to cycle to work every day, but was involved in a bicycle crash and broke my leg. Now that my leg has started to heal, I have returned to work, but have to use public transport which is expensive and I wondered if I can include my travel expenses in my bicycle crash compensation claim?

In normal circumstances, you would be able to claim special damages within your bicycle crash compensation claim to cover any out of pocket expenses you incur due to injuries sustained in an accident for which you were not to blame. Click here to read more.

How much compensation for a personal injury at work should I be entitled to if I fell down some wet stairs and broke my leg? I have been made an offer by my employer and do not know whether to accept it.

How much compensation for a personal injury at work you may be entitled to is calculated on more than just the physical injury you sustained. Although some people may rely on the Book of Quantum or previous personal injury at work settlements to provide a guide to how much compensation for a broken leg you should receive, factors such as your age, sex and general state of health prior to your accident should also be considered. Click here to read more.

Can I claim from Dublin Bus for an accident when I was knocked off my bicycle and broke my leg?

To answer the question “can I claim from Dublin Bus for an accident” some factors must be taken into account. Was the driver of the bus fully responsible for the accident? Are you in any way to blame? Click here to read more.

How much compensation for a wrong tooth extraction might I get if it can be proved that my dentist took out a perfectly healthy tooth?

Whereas you might think that this is a relatively straightforward question, how much compensation for a wrong tooth extraction you might be entitled to receive can be significantly influenced by the visibility of the gap left behind, your age, your sex and the effect that your dentist´s error makes to your quality of life. Click here to read more.

I am currently pursuing a personal injury compensation claim but am unsure as to what loss of amenity for personal injuries is. I have seen it mentioned on this site before but can you please explain what it is?

There are usually four main components in a compensation settlement and loss of amenity is one of them. The other three are; general damages for pain and suffering, general damages for psychological trauma and special damages for financial expenses. Click here to read more.

Can I claim compensation for tripping in Tesco car park when I collided with a trolley that had been abandoned in the middle of a footpath? I chipped a tooth as a result.

It is likely that you could claim compensation for tripping in a Tesco car park if it can be proven that the accident was due to the supermarket’s negligence. Tesco has a duty of care to provide their customers with safe access to and from their store and if it can be shown that the hazard was not moved in adequate time, a case can be filed against them. Click here to read more.

How much compensation for slipping on a grape in a supermarket might I be entitled to? I injured my wrist when I slipped and the supermarket has offered me 3000 Euro. Is this enough money to accept?

The amount of compensation for slipping on a grape in a supermarket that one is entitled to depends on the individual circumstances of each case. Even if the injury you sustained in your accident was the same as another person involved in a similar accident, how much compensation you both get can differ significantly. Click here to read more.

I suffered an allergic reaction to a prescribed medicine and want to know if it is possible to claim injury compensation?

It may be possible to claim compensation for an allergic reaction to a prescribed medicine, but there are many conditions that may have to be fulfilled before your eligibility to allergic reaction injury compensation can be confirmed. Click here to read more.

Is it possible to claim eyebrow waxing injury compensation if I was burned during a waxing treatment and the burn has resulted in a visible scar?

If it is established that you have sustained a burn injury during a waxing treatment which is attributable to the negligence of the person performing the treatment, you will be entitled to claim eyebrow waxing injury compensation from the beauty salon in which the treatment was being performed. How much compensation for an eyebrow waxing injury you might be entitled to receive is going to depend on the visibility of the scar in relation to your sex and age, and how it affects your confidence to participate in social and leisure pursuits. Click here to read more.

I was injured tripping over books in an office and I want to claim personal injury compensation. How much am I likely to receive for breaking two teeth when I fell?

A claim for being injured tripping over books in an office will only be possible if you can establish that you sustained your injury tripping over a hazard and your employer was negligent for allowing the hazard to remain in the office for an unacceptable time period. If books were left lying on the floor, or were stacked in a walkway or thoroughfare, and represented an unacceptable risk of tripping, you should be able to claim for being injured tripping over books in an office. Click here to read more.

I was told that compensation for slippery office floor accidents can only be claimed if an injury resulted in time off work for more than 3 days. I broke two fingers but returned to work the next day. Can I still make a claim?

The person who told you that you would not be able to claim compensation for slippery office floor accidents appears to be confused about personal injury claims law. If an injury has been sustained at work, there is no law stating that a claim for a slip on an office floor can only be made if the injury was of such a severity that time off work was necessary. Click here to read more.

Who is responsible when you are injured from slips in the street?

Many people will assume that the city or county council are always the liable party if you are injured from slips in the street, but this is not always the case. Utility companies, business premises and private householders may also be the negligent parties who are responsible for injuries sustained from slips in the street. Click here to read more.

If my bowel was pierced during surgery, is it possible to claim compensation for hysterectomy complications and, if so, against who – the doctor or the hospital?

You should be entitled to claim compensation for hysterectomy complications if your bowel was pierced during surgery as it is regarded that such an injury is avoidable and represents a poor professional performance by the medical practitioner who performed the procedure. Click here to read more.

I have a question about beat knee injury compensation. My mother worked as a cleaner for 25 years until she retired five years ago. She has just been diagnosed with osteoarthritis of the knee due to the work she did. Is it too late to claim compensation for a beat knee injury?

Under the Statute of Limitations in Ireland, a claim for beat knee injury compensation has to be made within two years of the injury being diagnosed rather than when it was physically sustained. This “date of knowledge” as it is known is the reason why claims for degenerative conditions can be made many years after an injury has developed and, in your mother´s case, would enable her to recover compensation even though she has not worked as a cleaner for five years. Click here to continue reading.

I injured my back in a construction fall at work however I have been informed that I may not be entitled to compensation because of my employment status. Is this true?

If you have been injured in a construction fall at work due to somebody else´s negligence, it is still possible to claim construction fall compensation for your injuries. However, the liable party – person or persons against who you make your claim – may not always be the builder for whom you were working if you were self-employed, sub-contracted or supplied by an agency at the time of your accident. Click here to read more.

A few days ago I injured myself in an accident in a shop door, can I claim compensation?

On asking the question “I injured myself in an accident in a shop door, can I claim compensation?” it is evident that you have not already initiated legal action. There are several factors that should be taken into consideration to answer that question – for example, the circumstances of the accident, whether or not there were any witnesses or if it was captured on CCTV – but the first thing that must be established is that the accident with the shop door was caused by a breach in the duty of care that the shop owner should legally provide you with. Click here to read more.

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

Without conducting an evaluation of your broken coccyx compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a broken coccyx you should receive or not. The Injuries Board will have made their calculations based on the information you provided them when you submitted your broken tailbone compensation claim and the independent medical examination you underwent. Click here to read more.

Is it possible to make a claim for glomus tumour subungual misdiagnosis compensation even though the tumour turned out to be benign when my condition was correctly diagnosed after six weeks?

Although making claim for compensation for the misdiagnosis of a glomus tumour subungual will be possible if it can be established that your doctor was negligent at the time of the misdiagnosis, whether it is worth your while to make a claim for glomus tumour subungual misdiagnosis compensation will depend on the pain you experienced due to the misdiagnosis and the effect it had on your quality of life. Click here to read more.

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

Without conducting an evaluation of your soft tissue injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a soft tissue 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 soft tissue injury compensation claim and the independent medical examination you underwent. Click here to read more.

Is it possible to claim for hernia injury at work compensation? I am sure that my hernia was caused by repetitive lifting of heavy objects.

You would be entitled to claim hernia injury at work compensation if it can be proven that your injury was due to the negligence of your employer. Hernias can be caused by a number of reasons but it is not uncommon for them to develop because the victim has not been properly trained in proper lifting, pushing and carrying techniques which should be given if the employer adheres to the correct health and safety regulations. Click here to read more.

My finger got caught in the door at my office. Can I make a compensation claim for this?

General Answer: If you have not already done so, you need to immediately visit a doctor to get treatment for whatever injuries you have suffered. In addition to increasing your chances of recovery, you need the medical records to pursue your claim. Click here to read more.

When is it possible to claim compensation for a neonatal death?

In order to claim compensation for a neonatal death, it has to be established that the death occurred due to the negligence of one or more medical practitioners who failed in their duty of care to provide an adequate level of care to mother and child. Quite often the circumstances of a neonatal death may be revealed in a coroner´s report, but it will still be necessary to go through the full claims procedure in order to make a compensation claim for the death of a baby in hospital. Click here to read more.

My employer has told me that I cannot claim beat knee compensation as kneeling was an unavoidable part of the job and knee injuries are to be expected. Does this mean I cannot claim compensation for beat knee?

Employees are entitled to claim beat knee compensation provided that beat knee has developed as a direct consequence of their work, and if the condition has been caused by employer negligence. Employees must be allowed to perform their jobs safely and without an excessive risk of sustaining an injury. If an employer does not take steps to reduce the risk of developing beat knee – also known as knee bursitis – then a beat knee compensation claim can be made against a negligent employer’s liability insurance policy. Click here to read more.

How can I claim foot injury compensation? My injury happened in a car accident.

The recommended way to pursue a claim for foot injury compensation would be with a solicitor’s assistance. The basic process for submitting an application to the Injuries Board Ireland is straightforward, although there are potential pitfalls in completing the form with which a solicitor could provide you aid. Read the full answer.

I have been told that my son cannot make a claim for osteosarcoma misdiagnosis compensation until he is eighteen years old, but if we received the compensation now it would enable us to provide him with better treatment. Is this possible?

Provided it can be established that the medical practitioner who made the misdiagnosis of your son´s condition failed in his or her duty of care to provide an adequate professional service, it should be possible for you to make a claim for osteosarcoma misdiagnosis compensation now on your son´s behalf rather than delay providing him with the treatment he needs until he reaches the age of eighteen. Click here to read more.

The person responsible for my car accident is contesting responsibility. Do I still need to submit my injury claim to the Injuries Board Ireland?

Yes, in the case of car accidents, you still need to submit a claim to the Injuries Board Ireland even when you know in advance that the person will not accept liability for your injuries. In fact, it probably does not make any difference. Click here to read more.

Can compensation for a syringe injury at work include damages for anxiety and depression? My wife has suffered severe psychological stress from the fear of contracting HIV due to a syringe injury at work. She has also been sick due to the prophylactic medication.

A claim for compensation for a syringe injury at work may often be made for the psychological trauma which can result from a syringe injury at work, rather than the physical injury caused by a puncture wound – although such an injury can be painful in itself. Click here to read more.

How much compensation for a hospital patient with pressure ulcers am I likely to receive if I make a claim for negligent nursing care in hospital?

Any settlement of compensation for a hospital patient with pressure ulcers you receive will be based on the location and extent of the injury you received while staying in hospital and also if, when your ulcers heal, there is any visible scarring. Click here to read more.

My hand was burned by a hot drink on an airplane because the lid on the cup I was given had not been fastened properly. Does this entitle me to claim burn injury compensation from the airline company and do I have to go through the Injuries Board?

Provided that you have received timely professional medical attention for your injury, and the burn on your hand has been recorded in your medical notes, you should be entitled to claim compensation for being burned by a hot drink on an airplane. The reason how your injury occurred is not important in claims of this nature as, under the Montreal Convention, an airline accepts responsibility for your safety in all circumstances under its terms of carriage and you do not have to prove negligence. Click here to read more.

Can I claim compensation for cracked tooth even if I was partly to blame for the accident? I slipped on a grape in a shop but I was not wearing my glasses at the time.

It may be possible for you to claim compensation for cracked tooth even though you were not wearing your glasses. Unless your eyesight is so poor that you could not see a hazard warning sign, the shop may still be responsible for your injury and will therefore be named as the negligent party in your compensation claim. Click here to read more.

Can compensation for a back injury lifting a heavy box at work be claimed if manual handling of boxes is in my job description?

Your legal right to claim compensation for a back injury lifting a heavy box at work should not be affected by your job description. Although you are required to lift heavy boxes at work, your employer cannot contravene Health and Safety at Work legislation and place you at an unacceptable risk of injury. Click here to read more.

Is it possible to make claims for compensation against drunk drivers? My sister was seriously injured in a car crash caused by the drunk driver of the car she was a passenger in.

Claims for compensation against drunk drivers can be made by passengers who were injured in the accident for which the drunk driver was responsible for. All personal injury compensation claims are made with proof that a negligent party was responsible for the injuries the victim sustained in an accident and it should be noted that if a driver is over the legal alcohol consumption limit, he or she is considered drunk and will always be considered fully liable for the accident that occurred, which a sober and attentive driver could have taken action to prevent. Click here to read more.

What evidence do I need to prove negligence to support my shinbone injury compensation claim? My shin was fractured in an accident at the factory where I work.

It may be possible for your husband to claim compensation for loss of finger, provided that his accident was caused due to a breach in his employer’s duty of care. It must be shown that the employer failed to provide his employee with a safe working environment, and the fact that your husband has acknowledged that the power tool may have been faulty indicates that his employer behaved negligently and may possibly be named responsible for your husband’s injury. Click here to read more.

Is it possible for family members to obtain compensation for a wrongful death?

A death in the family is always a terrible thing to have to cope with, but when that death is due to the negligence of somebody else, it can be much harder to bear. Click here to read more.

I would like to know if my son can claim compensation for severe burns at work. He was electrocuted by a machine which should have been isolated from the power supply before he serviced it and he is finding it difficult to manage on the sick pay he receives.

You son will be entitled to claim compensation for severe burns at work provided that it can be proven that it was not his responsibility to isolate the machine which caused his injury from the power supply or that he had not been instructed to do so. A compensation claim for severe burns at work has to demonstrate that your son´s employer – or other person with responsibility for health and safety in the workplace – was negligent, and that his or her breach in their duty of care was directly responsible for your son´s injury. Click here to read more.

I have been offered a settlement of factory fall injury compensation after breaking both legs when a walkway collapsed. How can I tell if I have received a fair offer?

Due to the nature of the accident and the severity of the injuries you have sustained, it is likely that the level of factory fall injury compensation that you will be eligible to claim will be substantial. It is not unusual in such circumstances for insurance companies to take the proactive step of contacting an accident victim directly with an offer of compensation for a factory fall injury. Click here to read more.

Is it possible to claim pneumoconiosis compensation against a previous employer? My doctor has told me that I most likely contracted pneumoconiosis from breathing in coal dust, but I have been retired for 5 years.

You are legally entitled to claim compensation for pneumoconiosis provided that your condition has been contracted as a result of your employment; however only if you can establish that your employer was negligent and did not do enough to prevent you from developing pneumoconiosis. Click here to read more.

I want to claim compensation for a factory injury due to a manual handling error. I had to lift an irregularly shaped heavy item at work and injured my back. Is a claim for compensation possible?

It is possible to claim compensation for a factory injury due to a manual handling error; however it is important that you speak with a personal injury solicitor about your case. Claiming compensation for a factory injury due to a manual handling error will only be possible if you can establish and prove that the manual handling error was primarily due to the negligence of your employer. Click here for the answer.

I slipped on a lettuce on the floor in the supermarket and sprained my ankle as I fell. Is it possible to claim compensation for my ankle injury because the supermarket was not kept tidy?

You will be able to claim compensation because you slipped on a lettuce on the floor in the supermarket if it can be shown that your ankle injury was attributable to the negligence of the supermarket management or its staff. Negligence can sometimes be difficult to prove in these circumstances because although supermarkets have a duty of care to provide you with a safe environment in which to shop, that duty of care is not “absolute”. Click here to read more.

How much compensation for slipping on spilt milk on the floor in Tesco supermarket can I receive if I broke my arm in the fall?

The amount of compensation for slipping on spilt milk on the floor in a Tesco supermarket that you are eligible to receive depends on a number of factors. It is not possible to make a general estimation as each case is unique, even when the injury sustained is the same and the circumstances of the accident are similar, and each case should be judged on its individual merits. Click here to read more.

Is it possible to claim compensation for negligence in patient follow up if I have been waiting more than four months for a follow up appointment from the hospital?

It is only possible to make a claim for negligence in patient follow up if you have developed a health issue related to the medical procedure you underwent at the hospital or if – when you eventually receive an appointment for a patient follow up after a test has been performed – an avoidable delay has occurred in diagnosing or treating a health condition which has deteriorated as a result. Without a quantifiable injury, there can be no patient follow up negligence compensation claim. Click here to continue reading.

I want to claim office fall injury compensation but I am worried about filing a claim against my boss. He has already been bullying me to try to prevent me from making a claim. What should I do?

Making a claim for office fall injury compensation can be a daunting experience, especially when an employer has made it clear that he does not want you to claim personal injury compensation. However if you have genuinely been injured in an accident which was not your fault, and have suffered an injury due to your employer´s negligence, you have a legal right to recover compensation for your injuries. Click here to read more.

Is it possible for my father to make a compensation claim for surgical complications due to developing pneumonia after his lung partially collapsed during surgery?

Making a compensation claim for surgical complications in these circumstances may be complicated; as it has to be proven not only that the treatment your father received “at the time and in the circumstances” of his surgery was negligent and led to a partially collapsed lung, but also that he would not have developed pneumonia were it not for the injury he received during surgery. Click here to read more.

How could the doctor negligence Statute of Limitations affect my compensation claim for the misdiagnosis of cancer?

The ‘doctor negligence’ Statute of Limitations places a time limit of two years on the length of time you have to initiate a compensation claim for the misdiagnosis of cancer from the date you were officially first told that a misdiagnosis had been made – not the date on which the misdiagnosis took place. Read the full answer.

Can compensation for roof injuries at work be claimed for a scaffolding collapse if another employee was entirely to blame for the accident?

You may be entitled to claim compensation for roof injuries at work provided that the scaffolding accident was the result of your employer´s negligence. Although your employer did not directly cause the accident, it does not mean that your employer has not been negligent. Click here to read more.

Should I claim compensation for falling on a wet floor in Marks and Spencer’s even though the supermarket have already offered me 2000 Euro? I broke my right wrist in the fall that happened three months ago and am still wearing a sling.

The amount of facial waxing injury compensation you are eligible for relies on a number of different factors. Every compensation claim for a facial waxing injury is unique because of the different implications a facial waxing injury can have on a person’s quality of life. Click here to read more.

May I make a compensation claim for slipping on food in work canteen?

It is possible to make a compensation claim for slipping on food in work canteen, provided that your slip resulted in an injury being sustained and that the accident was caused due to your employer’s negligence. If it is established that your employer breached his or her legal duty of care to provide their staff members with a safe and clean working environment, you may be eligible to claim slip injury from food in work canteen compensation. Click here to read more.

How does one claim compensation for an injury caused by a chiropractor?

Claiming for chiropractor injury compensation is a complicated procedure, as it is often difficult to distinguish what you may regard as an injury from a chiropractor´s treatment. Furthermore, even when you are certain that you have actually sustained an injury, in order to make a chiropractor injury compensation claim it has to be shown that “on the balance of all probability” your injury was due to a chiropractor´s negligence. Click here to continue reading.

My employer has told me it is not possible to make claims for pallet truck accidents if there are no witnesses to confirm how the accident happened. Is this true?

Pallet truck accidents in warehouses are some of the most common reasons for claiming workplace personal injury compensation, and every year many pallet truck accident victims are able to successfully recover compensation for their injuries. Workers in warehouses are often required to perform their duties without supervision and move stock on their own. Click here to read more.

How are my injury at work rights and my eligibility to claim compensation for a workplace accident affected if I was injured due to a colleague´s negligent actions?

Your injury at work rights, and the procedures you should complete in order to claim compensation for a workplace accident, are unaffected if the injury you sustained was due to a colleague´s negligent actions. An employer has a duty of care to provide you with a safe environment in which to work and that environment includes those who work around you. Click here to read more.

Can you explain shoulder ligament injury compensation claims? I hurt my shoulder in a car accident that wasn’t my fault.

In shoulder ligament injury compensation claims where the victim was injured in a car accident, the victim will be eligible to claim compensation provided it can be shown that another road user, or the entity responsible for maintaining the roads in a safe condition, was negligent in their actions and that their lack of care was pivotal in how the victim’s injury was sustained. Click here to read more.

Can I claim compensation for breaking wrist falling in a supermarket on a wet floor, even though outside it was raining?

It is possible to claim compensation for breaking wrist falling in a supermarket provided that the supermarket in question can be proven to have failed in their legal “duty of care” to provide their customers with an environment that was safe to shop, thus establishing their responsibility for your injury. Click here to continue reading.

Compensation for Tin Falling on Foot in Supermarket

It is possible for you to claim compensation for a tin falling on your foot in a supermarket if you can support your claim through eye witness statements or by referring to CCTV footage. As your accident occurred one month ago, it would be in your best interests to act as quickly as possible, as gathering the details of witnesses may be difficult at this stage and the images recorded on CCTV may have been erased. Click here to read more.

Can I claim compensation for being electrocuted by office equipment due to faulty wiring in an electric fan? When I gripped the fan to move it I was electrocuted. I have not been able to work since and I am in constant pain from nerve and muscle damage.

You should be entitled to claim compensation for being electrocuted by office equipment due to faulty wiring, as the office fan was clearly faulty and resulted in you sustaining a serious electric shock at work. The problem with making claims for compensation for being electrocuted by office equipment due to faulty wiring is establishing who was to blame for the accident, and proving that a third party has been negligent. Click here to read more.

Will I need to go to court in order to claim compensation for a gas injury at work?

In Ireland, approximately one third of all personal injury claims require litigation through the Irish court system and it is therefore most likely that your claim for compensation for a gas injury at work will not require litigation. Two thirds of claims are successfully resolved before court action is required, either through acceptance of the Injury Board’s recommendation or through negotiation between the claimant’s personal injury solicitor and the negligent party´s insurance company. Click here to read more.

I want to claim compensation for an injury that happened at work but wondered how long does a compensation claim take? I am moving to Australia soon.

How long does a compensation claim take has been reduced enormously since the introduction of the Injuries Board Ireland which was established by the Personal Injuries Assessment Board (PIAB) Act of 2003. The average length of time it takes for a claim to be resolved has been decreased from three years to approximately nine months. Click here to read more.

Is it possible that my wife and I would be able to claim compensation for a still birth death to account for the terrible grief we have recently been through?

You will only be able to claim compensation for a still birth death if it can be proven that your baby died due to medical negligence either during your wife´s pregnancy or immediately prior to the still birth of your baby. Understandably, this is a very difficult time for you and your wife, but because there are so many possible reasons for the still birth of your baby – some of which would have been unavoidable – it would be in your best interests to discuss the circumstances of your family tragedy with a solicitor as soon as feel able. Click here to read more.

Can I claim inadequate protection injury compensation for burns to my hands due to poor quality protective gloves? My employer told me I cannot claim personal injury compensation as safety equipment was provided.

If you sustained a personal injury in the workplace while using the personal protective equipment provided by your employer, you may be entitled to claim inadequate protection injury compensation. Provided that you used the protective gloves as instructed by your employer and the accident which caused your injuries was not entirely your fault – such as by carelessness on your part – your employer will be liable for your injuries and his insurance company should cover your claim for inadequate protection injury compensation. Click here to read more.

Is it possible to make an injury claim for broken chair in restaurant if I injured my coccyx?

You should be able to pursue an injury claim for broken chair in restaurant, because the restaurant owner failed in their legal duty of care in providing you with a safe dining environment. The restaurant owner should have been aware that the chair was faulty, and the fact that you were provided with a damaged chair indicates that the duty of care was breached and that your injury was the result of staff or management negligence. Click here to read more.

Can I make an injury compensation claim for bruised ribs after a fall from a broken bench at work?

You may be entitled to make an injury compensation claim for bruised ribs after a workplace accident, provided that your injuries were sustained because of a breach in the duty of care that your employer owes his or her employees. Your employer may be found to have been negligent, and therefore responsible for your accident, if he or she failed to ensure that the bench was in working order and fit for use. Click here to read more.

Can compensation for an injury by box cutters at work include being accidentally stabbed by a colleague? We use knives as box cutters and a colleague slipped while opening a box and stabbed me in the thigh.

A claim for compensation for an injury by box cutters at work can be made if you have been injured in an accident at work which was not your fault, and was the result of employer negligence. Although your employer was not the person who stabbed you, he may have been negligent by failing to correct unsafe working practices. Click here to read more.

Why are chromium related illness compensation claims due to recalled metal-on-metal hip replacements rejected by the Injuries Board when liability has already been admitted?

Chromium related illness compensation claims are rejected by the Injuries Board because no precedents of compensation for chromium related illnesses have yet been established in the courts and the Injuries Board are unable to assess with any degree of accuracy how much compensation for a chromium related illness a claimant may be entitled to receive. Click here to read more.

Does injury compensation for Tesco employees need to involve court action? I have read about two Tesco claims and both were taken to court to be decided?

Claims for injury compensation for Tesco employees are rarely headline news unless they result in high awards of compensation through the courts, and this can give the impression that Tesco takes all injury compensation claimants to the courts. However, considering the number of employees which are employed by Tesco, and the number of injuries sustained by its employees every year, it is clear that the vast majority of claims for injury compensation for Tesco employees do not get involve court action and are not reported in the media. Continue reading this answer.

How long does it take factory worker injury compensation claims to be resolved? I need to claim compensation to recover lost earnings and medical expenses and I desperately need the money.

Factory worker injury compensation claims may be resolved relatively quickly; such as when an offer of compensation is made by the employer´s insurance company to the factory accident victim, or when a personal injury solicitor negotiates a settlement directly with the insurance company and bypasses the Injury Board process. In both cases, this is usually only possible when the employer has been clearly negligent and the claim for factory worker injury compensation is strong. Click here to read more.

Is it possible to claim compensation for skin blistering following a beauty treatment? After having my hair done a few days ago I experienced a painful sensation after the stylist applied bleach to my hair and now the skin on my head has blistered. I told the stylist it was sore but she said it was normal. I feel very embarrassed and can’t go to work.

You can claim compensation for skin blistering following a beauty treatment if it can be proven that the hair stylist performed his or her professional role poorly, had insufficient training or was undoubtedly negligent. It would be in your best interest, therefore, to get to the root of your skin blistering to establish that the beauty salon employee was indeed responsible for your injury. Click here to read more.

I was seriously injured in a fall at work and want to claim roofer injury compensation. My employer was sympathetic but told me I cannot claim compensation as I should have worn a safety harness, but he did not provide me with one. Can I make a claim?

It is your legal right to claim roofer injury compensation if you have been injured in the workplace, provided that your accident and injury could have been avoided had your employer fulfilled his duty of care to protect you from coming to harm. Click here to read more.

I have received an offer of €30,000 compensation for a carpenter injury at work for a fall from a roof where I fractured my pelvis. Will I get more compensation if I claim for my carpenter injury?

It is not possible to accurately calculate how much compensation for a carpenter injury at work you will receive if you pursue a claim for a carpenter injury through the Injuries Board or the Irish courts based on the above information. There are many factors which affect how much compensation for a carpenter injury at work can be awarded for an injury, and each individual case is different. Read the full answer.

My hand was scalded by hot coffee on an airplane because the lid on the cup I was given had not been attached properly. Does this entitle me to claim compensation from the airline company and is my claim assessed by the Injuries Board?

Provided that you have received prompt and professional medical attention for your injury, and the burn on your hand has been recorded in your medical notes, you should be entitled to claim compensation for being scalded by hot coffee on an airplane. The issue of how your injury occurred is not important in claims of this nature as, under the Montreal Convention, an airline accepts responsibility for your health and safety in all circumstances under its terms of carriage. Read the full answer.

I have read that I only have two years to claim occupational emphysema compensation, but my doctor has told me that I have had the condition for a number of years. Does this mean I cannot claim compensation for occupational emphysema?

You are correct about how much time you have to claim occupational emphysema compensation in Ireland. The time frame for personal injury claims is two years, and all claims must be initiated within this period. Click here to read more.

Is it possible to make a claim for slipping on a Luas tram? The floor of the tram was slippery and I broke my arm when I fell.

It is possible to make a claim for slipping on a Luas tram if the floor was excessively slippery, although making a claim on these grounds is likely to be complicated. The reason for this is that in order to make a claim for a slip on a Luas tram it must be established and proven that your slip and fall resulted from negligence of the Luas staff. Click here to read more.

How do I claim injury compensation for an accident in a supermarket if the store in question denies they were at fault for an advertising display which collapsed onto my foot, breaking three bones?

There are several ways in which you may be able to establish “fault” when claiming injury compensation for an accident in a supermarket, but you will probably need the assistance of a solicitor to help you with some of them – especially if you are immobile from your injured foot. Click here to read more.

If I want to claim compensation for an accident at work caused by defective equipment do I have to make it against my boss? It was another employee who broke the electronic drill which caused my hand injury.

Because your employer has a legal duty of care to provide his or her employees with a safe working environment, most compensation claims for accident at work caused by defective equipment are made against the employer, even if they were not directly responsible for the accident. If you want to pursue your claim for compensation, it must be established that the injury you sustained was due to the negligence of another party. Click here to read more.

Why can I not make a claim for a hospital patient with pressure sores through the Injuries Board?

The reason that you cannot make a claim for a hospital patient with pressure sores through the Injuries Board is that claims for inadequate nursing care in hospital are regarded as cases of medical negligence, and the Injuries Board has no remit (under the Personal Injuries Assessment Board Act 2003) to assess medical negligence claims. Click here to read more.

I tripped on a street pavement, can I claim compensation?

Solicitors are often asked what the criteria is for making a claim for compensation for having tripped on a street pavement , but frequently the eligibility to claim injury compensation for tripping on a street pavement varies from claim to claim. Click here to read more.

I was involved in a car crash recently and wondered, can I claim broken fibula compensation against the driver who caused the accident?

You should be able to claim broken fibula compensation against the person responsible for the accident that led to your injury, provided that it can be proven that he or she was, in fact, completely or partially to blame. A broken fibula is a serious injury that necessitates a long recovery period, and to obtain the maximum amount of compensation that you should qualify for, it would be in your best interests to engage with an experienced solicitor. Click here to read more.

Even though I regularly attend the same spa I recently suffered a bad rash on my arms and legs after a new skin conditioning treatment and now would like to know about compensation for an allergic reaction to a spa treatment. Do I have a viable claim?

You may be eligible to claim compensation for an allergic reaction to a spa treatment if it can be proven that the spa technician who treated you acted negligently in some way. Despite the fact that you are a regular attendee at the spa and the technician may be accustomed to your preferences, allergic reactions can occur impulsively and a “patch test” should be conducted before any new treatment is given, especially if the product is known to potentially be a health hazard. Click here to read more.

Can I claim elevator injury compensation for being knocked over by closing doors in an elevator? I broke my arm when I fell awkwardly when the doors closed on me as I was getting in.

Provided it can be established that the elevator was faulty due to a lack of maintenance, due to negligent servicing or a fault had been reported but not acted upon within a reasonable amount of time, it should be possible to make a claim for elevator injury compensation. Establishing that the elevator doors were not operating properly should be straightforward and, if they have not yet been repaired or taken out of service, it would be advisable to return to the building and use your mobile phone to video the doors operating erratically. Click here to read more.

Can I claim compensation if my child is injured by an IKEA high chair?

In order to make an IKEA high chair injury compensation claim, your child must have been injured due to a design or manufacturing fault in the high chair. A claim for IKEA high chair injury compensation has to show that the company sold the product in contravention of the Sale of Goods and Supply of Services Act 1980, and that your child sustained an injury due to the company´s negligence. Read the full answer.

Can I claim office lifting injury compensation for a serious back injury sustained when I was moving office chairs and desks for a staff meeting? I have been in tremendous pain and have not been able to work since the accident.

A claim for office lifting injury compensation can be made for an injury sustained in the workplace while lifting any object; be that lifting or moving office computers, lifting and moving office desks and chairs, furniture or even boxes of photocopier paper, provided that lifting an object at work caused an injury to be sustained – or an existing injury to be aggravated – and the injury could have been prevented were it not for the negligence of your employer. Click here to read more.

What would be the best way to make a compensation claim for a wrong toe amputation?

A claim for a wrong toe amputation has to be handled with professional legal representation – not only because the Injuries Board will decline applications for assessment which are related to medical negligence, but also to ensure you are adequately compensated for the consequences of having the wrong toe amputated. Click here to read more.

Can I claim security guard injury compensation for an assault at work while trying to apprehend a burglar, or are injuries to be expected as part of the job?

Claims for security guard injury compensation are possible for an assault at work; however you will only be able to make a claim for security guard injury compensation against an employer’s insurance policy if the assault and your injuries can be attributed to negligence on the part of your employer. In order for an employer to be held responsible for injuries sustained in an assault at work, your employer must also have failed in a duty of care to protect you from harm. Click here to continue reading.

Can I claim compensation for an injury from walking into a glass door? I had my accident last week and broke my nose and sprained my wrist when I fell.

You should be able to claim compensation for an injury from walking into a glass door if it can be proven that the door you walked into was faulty or was not adequately marked. Additionally, it must be shown that the people responsible for the door’s maintenance failed in their “duty of care” to you by not making the glass door conspicuous or by not repairing the fault in a reasonable length of time. Read the full answer.

Is it possible to make compensation claims for groin injury at work from carrying heavy boxes against employers?

The possibility of making compensation claims for groin injury at work against employers will be strongly influenced by the circumstances that caused the injury to occur. You may have a valid claim for work groin injury compensation if it can be proven that the injury you sustained can be proven to be directly attributable to a breach in the lack of care that your employer legally owes his or her employees and a failure to provide their staff members with a safe working environment. Click here to read more.

Is it possible to claim injury compensation for a patient falling out of bed in a hospital due to a nurse forgetting to use guard rails?

In order to claim injury compensation for a patient falling out of bed in a hospital, two conditions have to be met – that you sustained an injury, and that the injury was due to the negligence of somebody who owed you a duty of care. Click here to read more.

How do I make a claim for anaesthesia error compensation if I was not fully anaesthetised during a general procedure?

Proving that you were suffered from anaesthetic awareness during a procedure is one of the most difficult aspects of making a claim for anaesthesia error compensation. As it is likely that you were immobile during the procedure, it would have been impossible to indicate to anybody that you were experiencing pain as you were being operated on, and therefore the medical team present in the theatre would be unaware that an anaesthesia error had occurred. Continue reading this answer.

I have read your web site and understand what special damages are, but when I come to claim special damages on the Injuries Board application form there barely seems to be any space for details. What should I do?

If your application for an assessment to the Injuries Board Ireland contains a significant amount of special damages – income you have lost or expenses you have incurred which are attributable to the injury for which you are claiming – it is advisable to complete your application online. Click here to read more.

Am I still in time to make a claim for compensation for a pierced bladder during surgery that occurred during a hysterectomy last year?

Under the Statute of Limitations (Courts and Civil Liability Act 2004) you have two years from the ‘Date of Knowledge’ that an injury has taken place in which to make a compensation claim for a pierced bladder during surgery. However it would be in your best interests to speak with a solicitor as soon as you possibly can to get your claim for an injury during a hysterectomy under way – especially if you have not already officially registered a complaint about your injury. Click here to read more.

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

Without conducting an evaluation of your eye injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a eye 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 eye injury compensation claim and the independent medical examination you underwent. Click here to read more.

Can I claim compensation for slipping in the office kitchens if my shift had finished? My boss said I should not have been in the kitchen after my shift and therefore cannot claim.

In order to be eligible to claim compensation for slipping in office kitchens, you must be able to establish that the accident in which you sustained an injury was caused by the negligence of your employer or another third party. Provided that this is the case, you should be able to make a claim for compensation for slipping in office kitchens. Read the full answer.

I broke my wrist when I tripped on a loose step and fell coming out of a restaurant into the car park after a family meal. Am I still entitled to claim restaurant trip compensation even though I had left the restaurant?

If the car park or, more importantly, the step on which you tripped, formed part of the restaurant premises, you are still entitled to make a claim for restaurant trip compensation even if you had left the physical building in which you had eaten. Click here to read more.

Is a claim for compensation for a patient slipping on the floor due to inadequate nursing care made against the hospital via the Injuries Board, or is this scenario considered to be medical negligence?

A claim for compensation for a patient slipping on a floor due to inadequate nursing care could be made in either of the two methods you describe depending on the circumstances of the accident. Click here to read more.

I have just that my doctor prescribed the wrong drug due to the wrong diagnosis. Can I claim for medical malpractice?

General Answer: The wrong diagnosis is the main issue of concern. Prescribing the wrong drugs is only a result of the wrong diagnosis. There are several medical questions that are raised by a wrong diagnosis. Click here to read more.

Am I entitled manure pit accident compensation if my husband died while working in a slurry pit due to asphyxiation?

Fatal accidents in slurry pits are a tragic event, and manure pit accident compensation has to account for the sad loss of a family member and the support that he or she would have provided for their family for the rest of their lives. However, before a claim for manure pit accident compensation can be made, it is advised that you wait for the inevitable investigation into your husband´s fatal accident to ascertain how his death occurred and to ensure that it was attributable to negligence. Click here to read more.

How much compensation for cutting a finger in a factory will I get for almost severing my finger on a sharp edge on a machine at work? My doctor told me I may never regain the full range of movement in my finger.

Although it is possible to indicate a general range of compensation for cutting a finger in a factory which should be awarded, it is not possible to accurately calculate the amount of compensation you are likely to receive. This can only be determined with detailed medical information and a prognosis from your doctor. Click here to read more.

I want to claim frozen shoulder at work compensation as I developed the condition after suffering a shoulder injury at work. Is it possible to make a claim for this condition?

If you have developed frozen shoulder – also known as adhesive capsulitis – after a workplace injury, you may be entitled to claim frozen shoulder at work compensation. However, you should discuss making a claim for frozen shoulder with a personal injury solicitor. Continue reading this answer.

Would it be better for my son to wait until structured payments are introduced before making a claim for a wrong leg amputation?

It is assumed by the nature of your question that your son is under the legal age to claim for a wrong leg amputation in his own right, and that you have the option of waiting several years for structured payments to be introduced or making a claim for amputating the wrong leg now with you (his parent) acting as a “next friend”. Click here to read more.

Am I entitled to claim lip injury compensation if my injury was the result of a botched plastic surgery procedure? My lip implants have caused scarring and my lips are misshapen. The clinic offered to rectify the problem but I don’t want to ever use their services again.

It can be difficult to claim lip injury compensation for plastic surgery that has gone wrong. The harsh reality is you may not be entitled to claim compensation for your injuries if you signed a contract before undergoing the treatment – even if it is clear that you have suffered at the hands of an incompetent surgeon. Click here to read more.

Is it possible to claim compensation for tripping on rubbish on a shop floor? My local corner shop is convenient but filthy and I cracked my patella when I tripped on a slippery ice-cream wrapper.

Provided that the shop can be proven to have breached their legal duty of care to provide a safe and clean shopping environment for their customers, you should be able to claim compensation for tripping on rubbish on a shop floor. There are some standard procedures you should have taken when the accident happened but even if you did not apply them you may still qualify to claim compensation. Click here to read more.

My friend believes that I am entitled to claim injury compensation for tripping and falling in an airplane after I sprained my wrist when I fell over a bag that was left in the aisle. Is this right and how much compensation for my airplane accident would I receive?

Claiming injury compensation for tripping and falling on an airplane is different from “ordinary” personal injury claims in that it is not necessary to prove that the airline company was negligent – just that you sustained an injury. Provided that you were travelling to or from a country which has accepted the Montreal Convention (such as the Republic of Ireland) the airline company accepts all liability for accidents which happen on board the airplane as a condition of carriage. Click here to read more.

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?

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. Click here to read more.

In an accident I was involved in recently I sustained a whiplash injury and wanted to know if I could file for neck injury compensation?

You may qualify for neck injury compensation if it can be proven that a negligent party was responsible for the accident and your injury. Assuming that you were completely innocent and did not contribute to the accident by not wearing your seatbelt, for example, and if it can be established that your injury was sustained as a direct result of the accident, you should be able to receive compensation for your injury. Click here to read more.

If I fell and fractured my kneecap due to rubbish left outside of a shop in a shopping centre, do I make a claim for shopping centre injury compensation against the shop that the rubbish was left outside of or the shopping centre management?

Your claim for shopping centre injury compensation should be made against the shopping centre management, for although you tripped or slipped on rubbish which “on the balance of probabilities” had been discarded by the shop, the shopping centre management has a duty of care to provide you with a safe environment in which to do your shopping. However, the shopping centre´s duty of care may not – in certain circumstances – be “absolute”. Click here to read more.

I slipped on food on the floor in a restaurant and broke my ankle. Is there any benefit to using a solicitor to pursue a claim for compensation?

A personal injury claim for having slipped on food on the floor in a restaurant can be processed directly through the Injuries Board; however most restaurant accident victims choose to pursue compensation for their injuries with the assistance of a personal injury solicitor. Claiming compensation for having slipped on food on the floor in a restaurant can be complicated, as collecting evidence of negligence can be difficult. Click here to read more.

Am I eligible to claim for compensation for hair ruined by bleach if my new hairdresser left the bleach in for too long? My hair is now dry and brittle and I’m afraid it won’t return to its former healthy condition for years to come.

You will be able to claim for compensation for hair ruined by bleach if it can be established that your injury was caused by the beauty salon’s negligence, i.e. that your new hairdresser left the bleach in for too long and is to blame for your ruined hair. Click here to read more.

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

Without conducting an evaluation of your nerve damage injury compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a nerve damage 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 nerve damage injury compensation claim and the independent medical examination you underwent. Click here to read more.

Can my husband claim compensation for being injured by shelf collapsing in shop resulting in a bad bump to his head?

If the accident in which your husband sustained his injury can be proven to have been caused by the negligent actions of shop workers – such as exceeding its weight-holding capacity – or by the shelf itself being faulty and in need of replacement , you should be eligible to claim compensation for being injured by a shelf collapsing in a shop. However, if a customer placed an object that was too heavy on the shelf or did something to it that could not have been fixed in time – or if your husband’s injury was sustained through his own lack of care – he would be unable to reasonably make a compensation claim against the shop. Click here to read more.

Can a tourist claim injury compensation? My young cousin from America was hurt in a traffic accident in Dublin and does not know if he is entitled to compensation under Irish law.

In answer to your question “Can a tourist claim injury compensation”, the answer is “yes” although the process may be complicated as your cousin lives so far away and – if he or she is under the age of eighteen – may have to be represented by a “next friend”. Click here to read more.

I fell down an escalator in my local shopping centre when the escalator stopped suddenly for no reason at all. Quite a few people were hurt and I would like to know if it is possible to claim escalator injury compensation for my injuries.

Before you are eligible to make a claim for escalator injury compensation, it has to be established that the shopping centre management – or another party responsible for the safe operation of the escalators – were negligent in either failing to maintain the escalators in a safe condition or by creating a scenario where the escalators were stopped suddenly with no prior warning in a non-emergency situation. Click here to read more.

Is it possible to claim compensation for injury by chemical spills in factory for chemical burns to my arms and legs after a drum of acid was dropped from a delivery lorry? Are there any procedures I need to follow before making a claim?

There is a strong probability that you will be eligible to claim compensation for injury by chemical spills in a factory, provided that you were not to blame for the chemical spillage. A claim for a chemical spill injury is only possible if the spillage was caused by the negligence of a third party. Click here to read more.

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

Without conducting an evaluation of your broken finger at work compensation claim, it is impossible to determine whether you should accept the Injuries Board´s assessment of how much compensation for a broken finger at work you should receive or not. The Injuries Board will have made their calculations based on the information you provided them when you submitted your broken finger at work compensation claim and the independent medical examination you underwent. Click here to read more.

Can an embolism misdiagnosis compensation claim be made for a serious delay in diagnosis, even though the embolism was effectively treated in hospital? Does a serious injury have to have been sustained before it is possible to claim compensation for the misdiagnosis of an embolism?

An embolism misdiagnosis compensation claim is most often made when a serious injury has been sustained due to a misdiagnosis or when a patient has died due to a delay in administering drugs to break up a blood clot when an embolism has been correctly identified. In such cases, an embolism misdiagnosis compensation claim can result in substantial damages being awarded. Click here to read more.

Can I still claim compensation for cranial fracture if I was somewhat at fault for the car accident that caused my injury?

You may still be eligible to claim compensation for cranial fracture, as long as it can be established that you were not primarily responsible for the accident in which you sustained your head injury. Provided that it can be proven that the majority of blame lies with another – or multiple – third parties, you should qualify for cranial fracture injury compensation. Click for the full answer.

Because I was electrocuted by a toaster when on my lunch break can I claim compensation for being electrocuted at work? The toaster in question belongs to my employers and is in the on-site canteen. I suffered quite serious nerve damage to my right hand.

Provided that it can be established that your accident was caused by another party’s negligence, you should be able to claim compensation for being electrocuted at work. Most cases such as this name the employer as the person responsible for your accident as he or she owes their employees a duty of care to provide them with a safe work environment – even when on lunch break. Continue reading this answer.

I am aware that I can receive compensation if I am injured on a business premises in an accident that was not my fault but I would like to know more about beauty salon accident compensation. I suffered an injury on my last visit to my local salon, am I entitled to receive compensation?

Slips, trips and falls compensation for accidents which occur in public places – including beauty salon accident compensation – are one of the most common forms of personal injury claims although accident such as these which occur in public places are often the result of an unfortunate incident for which the injured party, or no one at all, is to blame. However some accidents – especially in beauty salons where the injured party may have suffered a cut or burn – are clearly the fault of the negligent party who had a duty of care to maintain their business in a clean and safe condition and had a responsibility toward the victim’s health and safety. Click here to read more.

When I slipped on a wet patch by the frozen food section in a supermarket I knocked my mouth against the edge of a fridge and wanted to know if I could claim compensation for a chipped tooth?

You may be eligible to claim compensation for a chipped tooth if it can be proven that your injury was caused due to the negligence of the supermarket; that should legally provide their customers with a safe and clean shopping environment. If the supermarket failed in their “duty of care”, they may be named as the responsible party in your claim. However, the supermarket’s duty of care is not “absolute” meaning that if your accident could not have been prevented by staff in a “reasonable” amount of time, they may not be held to blame. Click here to read more.

How much wrong diagnosis of breast cancer compensation am I likely to get if I make a claim for the unnecessary removal of breast tissue?

The first thing to establish before claiming wrong diagnosis of breast cancer compensation is that the unnecessary removal of breast tissue was due to the negligence of a medical practitioner who “at the time and in the circumstances” incorrectly diagnosed you with breast cancer. Click here to read more.

Can I claim compensation for nerve damage by a dentist who hit a nerve bundle when she was giving me an injection?

There is always the possibility of nerve damage by a dentist when an anaesthetic is injected, but the symptoms are frequently minor. If you have sustained long-term nerve damage (the numbness has been known to last up to eighteen months in the worst cases), it may be possible for you to claim compensation for damaged nerves, provided that it can be proven that your dentist displayed a poor professional performance at the time she administered the injection. Click here to continue reading.

What amount of chin injury compensation can I expect to receive for burns I sustained after a laser hair removing session at a health spa? I am very embarrassed to go out in public and feel like I can’t even attend my sister’s wedding.

How much chin injury compensation you can expect to receive depends on several different elements. No two compensation claims for a chin injury are exactly alike given the different consequences a chin injury can have on an individual’s quality of life. Click here to read more.

I slipped on a wet floor in my local supermarket and broke my hip when I fell. Is it possible to claim compensation for my injuries even though it was raining outside?

You will be able to claim compensation because you slipped on a wet floor in the supermarket if it can be shown that your hip injury was attributable to the negligence of the supermarket management or its staff. Even though it had been raining outside, the supermarket has a duty of care to provide you with a safe environment in which to shop and, as wet floors in a supermarket are acknowledge as a common slip hazard, the supermarket management should have made sure that any risk of slipping on a wet floor in the supermarket was eliminated. Click here to continue reading.

I injured my back driving a forklift truck at work but I am not sure if I am eligible to claim forklift truck injury compensation as I was not involved in an accident. Is it possible to claim for a repetitive strain injury due driving a forklift truck over rough ground?

You are entitled to claim forklift truck injury compensation for any injury you have sustained at work as a forklift truck driver, provided that the injury was caused by the negligence of your employer. Although you did not sustain your back injury in a forklift truck accident it does not mean that you cannot make a claim for forklift truck injury compensation. Click here to read more.

Can my father claim compensation for anaesthesia errors during operations if he was diagnosed with postoperative cognitive dysfunction three months after undergoing a general procedure?

Provided that a connection can be proven between your father´s condition and an excessive level of anaesthetic delivered to him during his procedure, it should be possible to claim compensation for anaesthesia errors during operations. Click here to read more.

What is the process for claiming compensation for child knocked down by car?

Although children under the age of eighteen (minors) are not permitted to initiate legal action in their own right or engage a solicitor under Irish law, it may still be possible to claim compensation for child knocked down by car before the child reaches their majority, if their parent of guardian acts as their “next friend”. Click here to read more.

How do I claim hit and run accident compensation if the Injuries Board Ireland want to know on their application form the registration number of the car that hit me and the insurance company of the driver?

If you have been injured in a hit and run accident, and the Garda have been unable to trace the driver or vehicle responsible, you can make a claim for hit and run compensation to the Motor Insurers´ Bureau of Ireland (MIBI). The Motor Insurers´ Bureau of Ireland was established to compensate victims of road traffic accidents which have been caused by uninsured or unidentified drivers and is funded by motor insurance companies in Ireland as a condition of their licence to operate in the Republic. Click here to read more.

I tripped on a loose carpet in the office and fell and fractured my wrist and want to know if I can claim compensation. My employer said that there was no money to fix the carpet on many occasions. Does this mean there will be no money available to pay compensation?

As you tripped on a loose carpet in the office which your employer had already acknowledged as being in need of repair, there should be no obstacle to making an injury claim for tripping and falling on a loose carpet at the office. Click here to read more.

I was burned while working in the kitchen on work experience. My mum wants me to claim burn injury compensation as she wants me to get the best treatment which is expensive. I don’t know what to do, can you help?

There are many factors to consider when making a claim for compensation for being burned while working in the kitchen. The most important factor is whether you are eligible to claim burn injury compensation against the company where you underwent your work experience. Click here to continue reading.

Can I make a claim for being injured by a faulty shopping trolley? I had been using the trolley for five minutes in a well-known supermarket when one wheel fell off causing the trolley to fall over, taking me with it. I injured my back as a result.

It is possible for you to claim for being injured by a faulty shopping trolley if it can be proven that the shopping centre breached their legal duty of care to provide a safe shopping environment as the shopping centre should provide their customers with properly functioning trolleys. It is important that you carry out some procedures in order to support your compensation claim. Click here to read more.

My child had a burn accident at school when he was scalded by hot water in the showers after a games lesson. Is it possible to claim compensation for his injuries?

When your child is at school, teachers and auxiliary school staff have a duty of care which must be extended to your child at all times. This includes any school equipment which is used, and should the equipment be faulty, and a child suffers an injury as a result, you are entitled to claim compensation. Click here to read more.

I slipped on a wet floor in a pub toilet and want to claim pub slip injury compensation for a severely sprained ankle. What can I claim as special damages?

Claims for pub slip injury compensation can be complicated by any potential contributory negligence of the accident victim. While you are perfectly within your rights to claim compensation for a pub slip and fall in which you sustained an injury if the accident was not your fault and the pub owner or landlord had been negligent, the insurance company of the pub may maintain that you were partially or even entirely responsible for the slip and fall if you had been drinking alcoholic drinks prior to the accident. Click here to read more.

I need to claim compensation for a fall from height at work to recover lost earnings and medical expenses. How long will it take to receive compensation for a work fall, as I desperately need the money?

Although you may be eligible to make a claim for compensation for a fall from height at work, it usually takes many months to recover work fall injury compensation. There are a number of legal procedures which must be completed in order to claim compensation for a fall from height at work and each aspect of the claim process takes time to complete. Click here to read more.

How long does it take to recover compensation for spills on office stair accidents?

The length of time taken for claims for spills on office stair accidents to be resolved can vary considerably depending on the circumstances of the accident, the nature of the injuries sustained and whether or not liability for the injuries is accepted or denied by the person responsible for your slip and fall on the office stairs. Continue reading this answer.

I was injured by a falling object in a factory and have been offered compensation by my employer’s insurance company. Is it possible to get more compensation by submitting a claim through the Injuries Board?

In many cases it is possible to receive a higher compensation amount for being injured by a falling object in a factory my making a claim through the Injuries Board than by accepting an insurance company offer. When an insurance company contacts a factory accident victim with an offer of compensation for an injury due to a falling object, the offer is usually calculated based on the range of compensation stipulated in the Book of Quantum. Click here to read more.

Is it true that if I want to claim failure to diagnose appendicitis compensation I have to go to court or can I make an application for assessment of my claim to the Injuries Board?

According to the Personal Injuries Assessment Board Act 2003, the Injuries Board will assess applications for compensation “other than a personal injury arising out of medical negligence” and, as a compensation claim for the failure to diagnose appendicitis would be resolved by medical opinion rather than tangible evidence, the Injuries Board will decline to assess any failure to diagnose appendicitis claim for compensation submitted to it. However, this does not necessarily mean that litigation in court is necessary to resolve a compensation claim for the failure to diagnose appendicitis. Click here to read more.

Is it possible to claim compensation for falling down poorly lit stairs in an office? The lift was out of order and I had to take the stairs. The lighting was terrible and I slipped and fell down the stairs and broke my ankle.

You are certainly entitled to make a claim for compensation for falling down poorly lit stairs in an office if lighting levels were insufficient. Poor lighting in office stairwells increases the risk of tripping, slipping and falling at work. Click here to read more.