Work injury claim: find out what a workplace accident claim for compensation is, how to start a claim against your employer and why the law only allows you two years to start your claim from the date of your injury before it is too late.
What is a work injury claim for compensation?
Before you find out how to start your claim it is important you appreciate what a work injury claim for compensation actually is.
A work injury claim for compensation is a claim for money to compensate you for injuries you have received – both physical and psychiatric – and expenses you have incurred as a result of an accident at work.
A compensation claim is also known as a damages claim as it is the damage caused to your person and your finances as a result of an accident.
How do you start an accident at work claim against your employer?
An accident at work claim is commenced when you send what is known as a “letter of claim” to your employer, which should include the following details:
1. Your personal details – including your name.
2. A description of how your accident happened.
3. An explanation as to why you believe your employer is responsible for your accident.
4. A description of the law you are relying on to claim your employer is responsible for your accident.
5. A full description of your injuries – both physical and psychiatric. If injuries are ongoing you should state this.
6. A description of your financial expenses as a result of your work accident. Any ongoing expenses should be stated.
As you are making your claim against your employer he will have the details of your lost income, but it is still important to include lost income in your letter.
7. A request that any relevant documents that your employer has should be sent to you. There exists an obligation on your employer to send you copies.
8. A request that your employer send a copy of your letter of claim to his insurers.
Your employer’s insurers will often be reluctant to take your letter of claim seriously unless a solicitor has drafted the letter of claim.
How do your start your work injury claim in court if necessary?
Often a letter of claim will not be enough to force your employer or his insurers to offer you the correct level of compensation, so you will need to take the next step of starting your claim in court known legally as applying to the Injuries Board.
How long after your injury at work do you have to start your claim for compensation?
In Ireland, the law allows you two years from the date of your accident at work to start your compensation which is the same time period for most types of accident claims.
Work Injury Claim Summary
You now know what a work injury claim for compensation is, how long you have to start a claim before it is too late and how to start a claim both in and out of court.
– legal guidelines from Kilkenny Solicitors Holland Condon