Will I need to go to court in order to get compensation for a manual handling injury in a warehouse?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
A claim for compensation for a manual handling injury in a warehouse can be settled in any one of three ways; directly with the insurance company of the respondent, through the Injuries Board or litigation may be required through the Irish courts.
It may not be necessary to pursue a manual handling injury in a warehouse claim through the Irish courts in order to obtain manual handling injury compensation. Less than one third of claims for manual handling injury compensation require court action. It is usually only particularly complicated cases which require the intervention of a judge, such as when negligence is denied by the respondent.
Whether you will need to pursue compensation for a manual handling injury in a warehouse in court will therefore depend on the exact circumstances which caused you to sustain your injury. You should speak with a personal injury solicitor for specific legal advice about your manual handling injury claim to determine whether court action is likely to be required. You will also be advised on the likelihood of making a successful claim for a manual handling injury in a warehouse.
When you speak with a solicitor for the first time you will need to recount the circumstances which led to the accident occurring and why you feel that your employer has been negligent and is liable for your injuries. You will also need to explain the exact nature of your injuries and what your doctor has told you. After listening to your case for compensation for a manual handling injury in a warehouse and after asking relevant questions, a solicitor will be able to advise you whether you are eligible to claim manual handling injury compensation and whether it is likely that you will have to pursue your claim through the Irish court system.
The majority of manual handling injury in warehouse claims will not proceed as far as the Irish courts. It is usually in the best interests of an insurance company to settle the claim out of court by negotiating a settlement with a claimant’s personal injury solicitor or accepting the Injuries Board assessment.
When a manual handling injury in a warehouse claim for compensation is made to the Injuries Board, a solicitor will also contact the insurance company of the respondent outlining why the respondent is believed to be liable for your injuries. The insurance company will be invited to settle the claim promptly rather than wait for Injuries Board assessment or risk court action.
If your employer has accepted liability for your manual handling injury, or if the case against him is particularly strong, the insurance company may decide to settle the manual handling injury claim rather than risk paying a larger compensation settlement or have to pay for mounting a defence in court.