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?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

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?

Answer:

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.

It could be possible that your employer was flippant with you when you mentioned the subject of claiming compensation for tripping over the carpet at work. However, if you employer continues to deny his liability for your injuries, the most probable process in this scenario is that he or she will not consent to the Injuries Board completing an assessment of your claim for tripped on office carpet compensation and you will then be issued with an authorisation to pursue your claim in court.

This, in most cases, is not a course of action that most victims or employers would wish to happen and, once court proceedings are issued, your employer could change his mind about his responsibility for providing you with a safe environment in which to work. He may also be pressured into a change of heart by his employer liability insurance company, who will ultimately have to pay court costs in addition to a tripped on office carpet compensation settlement if your claim is successful.

Therefore your best course of action is to speak with a solicitor about your injury, the manner in which it was sustained and whether anybody had previously commented about the condition of the office carpet. If your solicitor feels that you have a claim for tripped on office carpet compensation which is worth your while to pursue, he or she will send a Letter of Claim to your employer advising them that you are making a claim for tripping over the carpet at work to gauge your employer´s response.

Most employers are genuinely sorry that their negligence has resulted in you sustaining an injury, however you have the full weight of the law behind you if you wish to pursue your claim and your employer is not allowed to penalise you in any way because your are making a tripped on office carpet compensation claim against him. It may be that the intervention of a solicitor reveals his genuine remorse and your claim can proceed through normal channels for a swift and adequate settlement.