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?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

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?

Answer:

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.

Admittedly, there is no dedicated area on either the online application or the hard copy of Application Form A for you to expand on how the torn ankle ligament has affected your everyday life and, without knowing the how badly you may have been incapacitated by your damaged ligament, the Injuries Board will have calculated how much compensation for a torn ankle ligament you were entitled to based only on the medical facts of your ankle injury in relation to your sex, age and general state of health prior to your accident at work and the torn ankle ligament compensation figures published in the Book of Quantum.

Your “loss of amenity” is an important factor in a torn ankle ligament claim for compensation should you be unable to complete day-to-day tasks or if your enjoyment of leisure and social pursuits has suffered because of your injured ankle. Due to the nature of some torn ankle ligament injuries, this factor can account for a substantial part of a torn ankle ligament compensation claim and it is strongly recommended that you maintain a diary to record the effect that your injured ankle has on your daily quality of life.

If you have suffered any form of negative effect on your emotional well-being due to how your ankle injury at work occurred or during your recovery, you may also be able to include this element of your accident in your torn ankle ligament claim for compensation. Victims of a torn ankle ligament injury may develop Post Traumatic Stress Disorder if their torn ankle ligament occurred in a particularly violent accident, or become anxious and depressed during their recovery from a torn ligament. Furthermore, if these emotional traumas manifested after the medical examination of your torn ankle ligament had taken place, they would have been omitted from the information communicated to the Injuries Board and left out of the Injuries Board´s assessment of your claim for torn ankle ligament compensation.

With so many possible variables, it is easy to understand why no two torn ankle ligament claims for compensation are the same. It could be possible that your perception of how much compensation for a torn ankle ligament you should be entitled to is based upon what you have heard or read but, unless you undergo an evaluation of your ankle injury and its consequences with an experienced torn ankle ligament claims solicitor, it is unlikely that you will ever be certain that the assessment conducted by the Injuries Board reflects the true extent of your torn ankle ligament or represents adequate torn ankle ligament compensation.

As the Injuries Board Ireland has already issued its assessment of your torn ankle ligament compensation claim, it is recommended that you speak with a torn ankle ligament claims solicitor at the first practical opportunity. Once you have discussed the circumstances of your torn ankle ligament work accident and the consequences that the injury has had on your quality of life, your solicitor will advise you whether to accept the Injuries Board Ireland´s assessment of your torn ankle ligament claim or to pursue your entitlement to torn ankle ligament compensation through other channels.