How long does it take factory worker injury compensation claims to be resolved? I need to claim compensation to recover lost earnings and medical expenses and I desperately need the money.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Factory worker injury compensation claims may be resolved relatively quickly; such as when an offer of compensation is made by the employer´s insurance company to the factory accident victim, or when a personal injury solicitor negotiates a settlement directly with the insurance company and bypasses the Injury Board process. In both cases, this is usually only possible when the employer has been clearly negligent and the claim for factory worker injury compensation is strong.
It is not possible to say how long factory worker injury compensation claims will take to be resolved if an Injuries Board assessment is required. Some factory worker injury compensation claims are resolved in just a few months, while others can take over a year before any factory injury compensation is seen by the victim. Factory worker injury compensation claims should initially be made through the Injuries Board and therefore maybe subject to legal processes if negligence is contested, which will delay payment of any compensation.
Although it is not possible to tell you when you will receive compensation for a factory worker accident, it is possible to provide an average timescale for the receipt of compensation for a factory worker accident should the Injuries Board assessment be accepted by both parties. The Injuries Board must make its assessment within a fixed legal time frame, tour employer has a fixed time period in order to respond to a factory worker injury claim and the insurance company of the respondent must issue payment within a fixed timescale after receiving an order to pay factory worker injury compensation from the Injuries Board.
From receipt of the official notice of any factory worker injury compensation claims, your employer is given 90 days to respond and either consent to an Injuries Board assessment or to reject it. Should consent be given, the Injuries Board will proceed with its assessment. The main reason why factory worker injury compensation claims can take so long to resolve is due to the time taken by the Injuries Board to process the claim. You can expect a wait of up to 9 months from the Injuries Board being notified by both parties to commence with factory worker injury compensation claims assessments and receiving its final decision on the level of compensation to be paid.
In addition to this delay, once the Injuries Board issues its decision, both parties are given 28 days in order to respond with their agreement of the assessment. If the assessment of compensation for a factory worker accident is accepted by both parties, the Injuries Board will issue an ‘order to pay’ to the insurance company of the respondent. The insurance company must then issue a cheque within 14 days of receipt of the order to pay. If your employer rejects the assessed amount, further delays will ensue as court action will be required to determine the level of compensation to be awarded if no negotiated settlement can be agreed.
It may be possible to be awarded interim payments of factory worker injury compensation if there is no dispute over liability. Your personal injury solicitor can petition the courts to release a proportion of a claim for factory accident injury compensation, which can cover essential medical expenses which have been accrued since the accident until the final award of compensation is determined. We strongly advise you to speak with a personal injury solicitor without delay about making a factory worker injury compensation claim to ensure any factory accident injury compensation which is due to you is awarded in the quickest possible time frame.