Can I make a vascular injury compensation claim against my employer if I was injured in an accident caused by a work-mate?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You should be able to pursue a vascular injury compensation claim against your employer, but not without proof that your injury was sustained because of a direct result of negligence and a breach in a duty of care. Your employer owes a duty of care to provide all of his employees with a safe working environment and correct training in safety practices.
The provision of proper training is not where an employer’s responsibilities end; his or her employees should be supervised and monitored to confirm that training has been successful. You would have grounds to pursue a vascular injury compensation claim against your employer if the accident was due to a failure in administering appropriate training. Additionally, employers would likely be deemed responsible for any accident and subsequent injuries that was caused by negligent acts due to incompetence or even horseplay.
You must be able to prove that the accident in which you sustained your injuries was the result of negligence in order to claim for a vascular injury. In order to do so there are a number of procedures you should complete, the first of which is to have had your injury treated by a professional medical practitioner. Not only will this ensure that no further damage is done to your health, but a record of your injury will have been made in your medical history which can later be used as evidence to support your compensation for vascular damage claim.
Making a report of your injury in your employer’s accident book will also benefit your vascular injury compensation claim as it is important to have an official record of the accident. This report should include details of the circumstances of the accident and the name of the person who caused it.
It may also be worth your while to keep note of any staff members who witnessed the accident, or those who could supply a written testimony to assist in established the cause of the accident. Your claim for compensation for vascular damage could be supported if fellow employees could help in proving that there had been a lack of health and safety training, the individual to blame for the accident lacked the skills to adequately perform their work tasks, or that working practices were dangerous.
It is important that your vascular injury compensation claim is thoroughly investigated and that your entitlement to initiate a claim is confirmed. Therefore, you would be well advised to speak with an experienced solicitor as soon as possible following medical treatment who can assess your claim and determine its viability. Once it is established that you may qualify for claiming compensation for vascular damage, your solicitor can advise you on the next steps to take in your claim. He or she can assist with assembling evidence of negligence and can prepare a comprehensive case file in order to maximise the probability of a successful resolution to your claim for a vascular injury.