How is compensation for machinery accidents in a factory calculated? I want to know how much I am likely to receive for torn ligaments in my arm and for a crushing injury to my hand when I slipped and fell on a mechanical press at work.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
There are two aspects to a claim for compensation for machinery accidents in a factory which need to be calculated. The first aspect of compensation is for any pain, suffering and loss of amenity caused by the injury. These elements are compensated as general damages. The second aspect is factory machinery accident compensation for financial losses which are covered under special damages.
You can specify the financial losses which have been caused by your injuries on the claims form which is submitted to the Injuries Board. Special damages can include any past expense which has been necessitated by your injuries in addition to expected future costs. For instance, if you require physiotherapy to restore movement in your arm as a result of your injury, this can be included in your factory machinery accident claim. You can also recover any loss of earnings, other medical treatment costs and even transportation costs if you are unable to drive.
The level of general damages which is applicable in your claim for a factory machinery accident will need to be calculated by the Injuries Board; assuming your employer consents to an Injuries Board assessment. When the Injuries Board is granted authorisation to complete an assessment, the injuries detailed on your claim form will be checked against the Book of Quantum to determine the range of factory machinery accident compensation which is applicable.
Injuries Board assessors will then calculate where in the range your injuries fall, using the medical assessment form and any medical evidence to assist with the calculation. How much compensation for a machine accident in a factory you receive will depend on the severity of your injuries, the level of pain and suffering caused, whether you are likely to make a full recovery and, if so, how long this is likely to take.
We strongly recommend speaking with a personal injury solicitor about claiming compensation for machinery accidents in a factory to receive an accurate assessment of the level of compensation which is applicable in your case. It is also important that your factory machinery accident claim is properly assessed in order to confirm your eligibility to claim factory machinery accident compensation.
Only after your eligibility to make a claim for the accident has been confirmed and any contributory negligence on your part has been assessed will it be possible to arrive at an accurate level of factory machinery accident compensation. Crushing injuries can be particularly difficult to quantify, and it is therefore important that you receive a thorough medical assessment by an expert in the field. A personal injury solicitor will be able to arrange for the best medical experts to assess your injuries to maximise the probability of receiving your full entitlement to compensation for machinery accidents in a factory.