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?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
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. A personal injury solicitor will be able to tell you whether you are eligible to claim compensation for cutting a hand in a factory and whether it is likely to be worth your while to do so.
Since the formation of the Injuries Board in Ireland (formerly the Personal Injuries Assessment Board or PIAB) it has been more straightforward to claim compensation for an injury without having to employ a solicitor. However the majority of accident victims still choose to make a claim for factory accident compensation through a personal injury solicitor, as there are a number of benefits to doing so as indicated below:
A solicitor will ensure that your application for assessment (Form A) is completed correctly. Although the Injuries Board has made the application form as simple as possible, many accident victims still have difficulty completing the form and including sufficient detail about the accident to assist the Injuries Board with making a fair assessment.
A solicitor will arrange for your personal injury to be properly evaluated. The severity of an injury has a bearing on the level of compensation which is awarded, and the Injuries Board will determine the level of factory accident compensation applicable based on the Book of Quantum and the medical assessment form submitted with your application.
Ensuring that the full extent of your injuries – including any future implications of your injuries – is detailed on the form can help to ensure that a fair assessment of compensation for cutting a hand in a factory is made. A solicitor will arrange for your injuries to be assessed by an expert in the field if there are likely to be complications from your cutting a hand in a factory injury.
A solicitor can also help you gather evidence of negligence. A successful for claim for compensation for cutting a hand in a factory will only be possible if you can prove that your employer was negligent and responsible by a lack of care for your injury. A personal injury solicitor will assist you with collecting evidence of negligence against an employer as well as taking statements from witnesses in support of your claim for factory accident compensation.
A solicitor will attempt to negotiate a settlement of compensation for cutting a hand in a factory with your employer’s insurance company. Waiting for a claim assessment from the Injuries Board can take up to 9 months, and with the time given to your employer to respond to the notice of claim and subsequent Injuries Board assessment, it can take over a year for factory accident compensation to be paid. A solicitor will attempt to bypass the Injuries Board process, and negotiate an appropriate settlement directly with your employer´s insurer to accelerate payment of compensation for cutting a hand in a factory.
As collecting evidence of negligence is best done as soon as possible after a factory accident has occurred, which in turn will lead to a more accurate evaluation of how much compensation for cutting a hand in a factory accident you may be entitled to, it would be in your best interests to speak with a solicitor about your claim for factory accident compensation at the first practical opportunity.