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.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
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. Without further information about the amputation and personal information such as your age and sex, it is not possible to provide an accurate estimate of how much faulty factory equipment compensation you are likely to receive.
It is up to the Injuries Board assessors to calculate how much compensation for an injury due to faulty factory equipment you will be awarded. However, it is possible to use the same criteria as the Injuries Board to calculate the range of general damages which is applicable for this type of injury by using the Book of Quantum as a reference.
The Book of Quantum is used as a guide on compensation levels by the Injuries Board in conjunction with medical evaluations provided by doctors. The Book of Quantum states that compensation for amputation of a forearm should fall in the range of €111,000 to €145,000 if your forearm was amputated above the elbow.
The level of compensation for an injury due to faulty factory equipment should be between €108,000 and €142,000 for a below the elbow amputation. Where your claim will fall within either of these ranges will depend on various factors, such as the pain and suffering caused, your age and sex and the level of loss of amenity which has resulted.
Special damages for medical expenses can increase the amount of compensation for amputation substantially. Claims for special damages are made for any financial expense which has been incurred due to your injuries; such as medical treatment costs. Future expenses can also be included as special damages when claiming compensation for an injury due to faulty factory equipment.
The amputation of an arm is likely to result in considerable expenses, such as the cost of fitting a prosthetic limb, changes to your home, additional transportation costs and loss of earnings. Your claim for special damages is therefore likely to be considerable. Determining what can be included as special damages in a claim for compensation for an injury due to faulty factory equipment is best assessed by a personal injury solicitor.