I was injured by a falling object in a factory and have been offered compensation by my employer’s insurance company. Is it possible to get more compensation by submitting a claim through the Injuries Board?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
In many cases it is possible to receive a higher compensation amount for being injured by a falling object in a factory my making a claim through the Injuries Board than by accepting an insurance company offer. When an insurance company contacts a factory accident victim with an offer of compensation for an injury due to a falling object, the offer is usually calculated based on the range of compensation stipulated in the Book of Quantum.
The Book of Quantum is a reference which is used to assist with the calculation of compensation amounts. Although this reference was commissioned by the Injuries Board to help its assessors valuate claims for compensation, another of its aims is to encourage settlements to be made between a claimant and the negligent party’s insurance company.
However one of the problems with an offer based on the range stipulated in the Book of Quantum is that will not take any costs and expenses into consideration which have been necessitated by the injury. These are claimed separately by the accident victim, and an insurance company is unlikely to know about these costs. Any offer of falling object injury compensation is therefore unlikely to reflect these costs.
It is also important to consider why an offer of compensation is being made by the insurance company. In many cases the reason why an early award of compensation is offered is to save the insurance company money. Any offer of compensation will be at a level which is acceptable to the insurance company. It does not mean that it will be for your full entitlement to compensation for being injured by a falling object in a factory.
You should therefore contact an independent personal injury solicitor to discuss your injuries, the circumstances under which you were injured by a falling object in a factory and the offer you have received from the insurance company.
After your claim has been assessed, it will be possible to accurately assess the insurance company´s offer and you will be given an indication of how much compensation for being injured by a falling object in a factory that you are likely to receive if you proceed with a claim through the Injuries Board.
You can then make an informed decision on whether to accept the offer or to pursue your full entitlement by making a claim. A solicitor may even be able to negotiate a much higher settlement of falling object injury compensation directly with the insurance company.