The office chair broke causing me to fall and injure myself. Can I claim faulty office chair injury compensation against my employer?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Certain criteria must be met before a claim for faulty office chair injury compensation can be made against your employer. The first criterion is that you must have sustained an injury in the accident which was treated by a doctor. Although the accident was undoubtedly unpleasant, you will only be able to make a claim for faulty office chair injury compensation for a personal injury which has been recorded in your medical history.
The second criterion which must be fulfilled if you want to make a faulty office chair compensation claim is the accident must have been caused by negligence of a third party, which in the case of a faulty chair claim is most likely your employer. Your employer owes a duty of care to all staff to make sure that the office is safe and work can be completed without risk of injury.
It is your employer’s legal responsibility to provide fully functional workstations for the staff and the provision of a faulty chair may contravene health and safety regulations depending on the circumstances of why there was a faulty chair in your office. As such your employer may have been negligent for supplying a faulty office chair, and this would certainly be grounds for making a claim for faulty office chair compensation if you can prove that this was the case. If your employer was not at fault, and a faulty office chair was purchased, your faulty office chair injury claim may need to be made against the supplier or manufacturer of the office chair.
You must also be able to prove that the accident was caused by negligence of a third party. If you had previously made a compliant to your employer about your office chair and it had not been replaced, this would certainly be grounds for making a claim for faulty office chair injury compensation. If possible you should take photographs to establish that the chair was in fact faulty of broken. You should also take photographs of any visible injuries such as bruising and any cuts you have sustained.
If you work in a busy office it is likely that there will have been a number of witnesses to the accident. You should record the contact details of anyone who saw you fall who will be able to provide a statement that you did not cause the accident or who could testify that the chair was broken or faulty. We also recommend that you speak with a personal injury solicitor about making a claim for faulty office chair injury compensation to confirm that you are eligible to make a claim.