This guide to claiming injury compensation for abattoir workers is intended to provide information regarding what qualifies an abattoir employee to claim compensation for an injury in an abattoir and how to go about making a claim.
As abattoirs in Ireland are notoriously dangerous places in which to work, and there is a wide range of injuries that can be sustained in an abattoir, the information provided below is no substitute for seeking professional legal advice from a solicitor and undergoing an assessment of your claim.
Qualifying for Abattoir Worker Injury Compensation
In order to qualify for abattoir worker injury compensation, you must have sustained a professionally diagnosed injury or illness for which your employer, or a colleague with a responsibility for your health and safety, was to blame.
Any claim for abattoir employees compensation has to be supported by a form completed by your doctor – usually the Injuries Board Medical Assessment Form B – which outlines your injury, a prognosis of how long you may take to recover from your injury and whether or not you have aggravated a pre-existing condition.
Making a Claim for Abattoir Employees Compensation
The Medical Assessment Form B would normally be submitted to the Injuries Board with an application for assessment and any receipts for expenses you have incurred which are directly related to your injuries. The Injuries Board would then contact your employer to request consent to complete their assessment of your claim for injury compensation for abattoir workers.
If consent is given, the Injuries Board will continue with your assessment, based on the information you have provided to them (a further medical examination may be required), and then issue a “Notice of Assessment” which, if you and your employer´s insurers both agree upon, will be followed by an “Order to Pay” and your claim for abattoir employees compensation will be settled.
Establishing Fault in a Claim for Injury Compensation for Abattoir Workers
Should consent be denied – or there is no agreement on how much abattoir worker injury compensation you should receive – the Injuries Board will issue you with an “Authorisation” to pursue your claim for abattoir employees compensation through the courts.
If this scenario occurs, it will be necessary for you to provide evidence of negligence in support of your claim for compensation for an injury in an abattoir and, depending on the nature of your accident and whether or not you have made a recovery from your injuries, this is not always straightforward.
Should a Solicitor be Involved at this Point?
Ideally, you will have discussed the circumstances of your injury in an abattoir with a solicitor before submitting an application for assessment to the Injuries Board. The application form is not difficult to complete, but leaves very little opportunity for your to explain the consequences that your injury have had on your quality of life – meaning that you could be under-compensated for your injuries simply because you have been unable to communicate everything that you are entitled to include in a claim for abattoir employees compensation.
If you have not yet spoken with a solicitor, now is the time to do so. A solicitor will try to resolve your claim for injury compensation for abattoir workers by negotiation and avoid a court case wherever possible. Therefore, if your employer has failed in his or her “duty of care” to provide you with a safe environment in which to work and safe machinery to use, failed to develop a safe method of working to protect you from the risk of injury or neglected to train you to a safe standard, you should have a justifiable claim for injury compensation for abattoir workers.
How Much Compensation for an Injury in an Abattoir?
How much compensation for an injury in an abattoir you will be entitled to receive will depend on the nature and severity of your injury and its likely permanence. Figures published in the “Book of Quantum” will be used to calculate a base figure of abattoir worker injury compensation, which will then be adjusted to account for your age, sex and whether your injury aggravated a pre-existing condition.
You will also be able to include in your claim for abattoir employees compensation any diagnosed psychological trauma you have suffered – either due to the nature of your accident in an abattoir or sustained during your recovery – and for your “loss of amenity” – the inability to perform everyday tasks, engage in your regular leisure pursuits and enjoy social events that would form part of your regular routine.
If your injury is ongoing, your solicitor will organise estimates of the cost of future care, restructuring your home for wheelchair access if necessary and account for future lost income in your claim for abattoir worker injury compensation. As you can imagine, for a young person who will never be able to work again, how much compensation for an injury in an abattoir could amount to a considerable sum.
Unsolicited Offers of Injury Compensation for Abattoir Workers
With the potential for substantial settlements of abattoir worker injury compensation, you should be wary of an unsolicited approach from your employer´s insurance company with a direct offer of compensation for an injury in an abattoir.
The insurance company´s primary concern is to save as much money on injury compensation for abattoir workers and, although their offer of compensation may be tempting – especially at a time when you may be concerned about immediate finances – the offer should always be referred to your solicitor.
If immediate finances are an issue for you, the insurance company – by their approach – have effectively admitted your employer´s liability for your injury in an abattoir, and your solicitor will be able to organise interim payments of abattoir worker injury compensation until such time as your claim for abattoir employees compensation is satisfactorily resolved.
How Your Own Actions can affect Compensation for Injury in an Abattoir
If you have contributed to the cause of your abattoir accident, failed to take suitable precautions due to your own carelessness when working in a hazardous environment or exacerbated your injury by failing to seek professional medical attention at the first possible opportunity, how much compensation for an injury in an abattoir you receive may be reduced to reflect your own lack of care.
Your “contributory negligence” will not usually disqualify you from making a claim for injury compensation for abattoir workers, but it is unlikely that your employer will consent to the Injuries Board´s request to assess your claim for abattoir employees compensation and your claim will have to be resolved by negotiation or, if no agreement on the extent of your negligence is reached, in court.
Once an agreement on how much you were responsible for your accident or injury is reached, you will be assigned a percentage liability. This liability will then be deducted from how much compensation for an injury in an abattoir you would have received had the accident or injury been entirely your employer´s fault. Needless to say, it is not recommended to enter into negotiations with insurance companies without professional legal representation.
The Statute of Limitations and Abattoir Worker Injury Compensation Claims
Under the Courts and Civil Liability Act 2004, a “Statute of Limitations” exists which limits the time available in which to make a claim for abattoir employees compensation to two years. The two year period begins on the date on which an injury is diagnosed.
Therefore, if you have been crushed by an animal in an abattoir lairage, the likely date on which the two-years claims begins is the date on which you sustained your injury. If you have been diagnosed with an acquired abattoir injury, such as Weil´s Disease, the time limit begins on the date the diagnosis of the disease is made.
Claims for compensation for an injury in an abattoir do not have to be settled within the two year Statute of Limitations, but you should allow plenty of time for a solicitor to compile the strongest possible claim for abattoir worker injury compensation on your behalf.
Speak with a Solicitor about a Claims for Abattoir Employees Compensation
Consequently it is in your best interests to speak with a solicitor as soon as possible – rather than wait for an Injuries Board assessment to be rejected or an unsolicited approach by an insurance company with an offer of abattoir worker injury compensation.
Most solicitors offer a free telephone service, which you can use to establish that you have a claim for abattoir employees compensation which is worth your while to pursue and find out the most effective way of claiming injury compensation for abattoir workers which is relative to your own personal circumstances.
It costs nothing to find out more about injury compensation for abattoir workers and it is recommended that you discuss the circumstances of your injury in an abattoir with a solicitor at the first practical opportunity.