What evidence do I need to prove negligence to support my shinbone injury compensation claim? My shin was fractured in an accident at the factory where I work.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
The first thing you need to consider when intending to pursue a shinbone injury compensation claim is if your injury was, in fact, due to another party’s negligence. You would, therefore, need to sufficiently determine that your injury was the consequence of a breach in the factory owner or manager’s legal duty of care.
The factory owner or manager is required by law to provide a safe and clean working environment free of hazards which may otherwise lead to preventable accidents and to ensure that their employees have been adequately trained in safety techniques. Even if most owners and managers are thoroughly aware of this duty, accidents occasionally occur when some safety precautions are overlooked and someone sustains an injury as a result, leading to a viable claim for compensation.
To support your shinbone injury compensation claim, you should have had your injury recorded in the factory’s Accident Report Book, gathered witness statements, taken pictures of the scene of the accident and perhaps obtained footage of CCTV, if available, which may suggest how the accident occurred. However, these procedures should only have been carried out after your injury was treated by a medical professional and your injury noted in your medical history.
Once it can be reasonably determined that your injury was sustained because someone who owed you a duty of care acted negligently, your solicitor would be able to use the evidence from the witnesses, your doctor and the other means mentioned above in order to support your shinbone injury compensation claim. Your solicitor would be able to provide you with a preliminary estimate of how much compensation you should receive in the free initial consultation that most solicitors offer for free.