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?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

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?

Answer:

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.

If you are prepared to accept liability for your employee´s injuries, a tractor accident compensation claim can be made through the Injuries Board Ireland. When the Injuries Board Ireland assesses the value of the claim for tractor accident compensation, it will be up to the employee to decide whether he believes that it is adequate for the extent of his injuries and its consequences – something he may or may not chose to do with the assistance of a personal injury solicitor.

Should you dispute your liability for his injuries – or accept partial responsibility – the Injuries Board Ireland will decline to assess your employee´s claim for tractor accident compensation and he will be issued with an authorisation to pursue his claim through the courts. This process can be avoided if your employer´s solicitor and your insurance company can reach a suitable agreement over how much compensation for a tractor accident your employee should receive.

As it appears that you are sympathetic towards your employee´s plight, you should contact your insurance company and inform them of what happened and advise your employee to speak with a personal injury solicitor at the earliest possible opportunity. Most employers are genuinely shocked when an injury is sustained by one of their employees and, by helping to resolve this tractor accident compensation claim as quickly as possible, you are providing your employee with an honourable service.