I was injured in an accident at work due to a faulty door which slammed shut on my fingers. The door closed with tremendous force and amputated the end of one finger and crushed two others. Can I claim compensation?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
In order to claim compensation for being injured in an accident at work due to a faulty door, you must be able to establish and prove that your employer was negligent, and failed in a duty of care to keep you safe at work. In your question it would appear that the door was faulty and dangerous, and by failing to fix the faulty door your employer has been negligent. A door which slams shut with such force that it can amputate a finger represents a serious hazard in the workplace, and this should have been identified when your employer completed a risk assessment.
Employers have a legal responsibility to conduct risk assessments in the workplace and all hazards should be identified and corrected. If it is not possible to correct an issue immediately, action needs to be taken to reduce the risk of injury to the minimum level. In the case of a faulty door, a sign should have been put on the door alerting staff and visitors to the danger until such time as a repair could be made or the door should have been removed.
By failing to take action to correct the problem, your employer may be deemed to have been negligent; and, if it can be proven that employer negligence was the reason why you were injured in an accident at work due to a faulty door, you should be entitled to claim compensation for your hand injury against your employer’s liability insurance policy.
Under certain circumstances a claim for being injured in an accident at work due to a faulty door may not be possible. If the reason for the door slamming shut was due to wind for instance, it is possible that your employer would not have been able to take steps to prevent such an accident from occurring. If your employer could not have taken any reasonable action to prevent an accident, it is unlikely that it will be possible to make a claim for a hand injury at work.
Since it is not possible to determine whether your employer is liable for you being injured in an accident at work due to a faulty door based on the information you have provided, we recommend that you speak with a personal injury solicitor about claiming compensation for a hand injury. If you are eligible to make a claim for a hand injury at work, it is advisable to use a solicitor to pursue your claim for being injured in an accident at work due to a faulty door.
A solicitor will be able to complete the Injuries Board assessment form on your behalf and can gather evidence of employer negligence in order to negotiate a quick and satisfactory settlement of compensation for being injured in an accident at work due to a faulty door with your employer’s insurance company.