To Claim for Personal Injury or Not

Xlady14

A couple of weeks ago a tripped and fell at work causing ligament damage and a small fracture to my ankle. I was walking from one building to another (was attending meetings) and cut though a temporary car park which has tarmac roadways but the actual parking spaces are gravel. A lot of this car park gravel kicks up onto the roadway and essentially I was unlucky enough to encounter a sizable chunk of gravel on the roadway which caused me to go over on my ankle and fall to the ground.

My employer has offered to cover any medical costs but I am wondering if I should make a claim the Injuries Board or not. The employer does not have planning permission for this car park and the tarmac / gravel scenario is apparently is a way to circumvent this planning permission. There is no fencing around the car park to prevent people walking through it or any warning signs. Given the gravel is the same colour as the tarmac it made it hard too see the difference!

I am not trying the milk the situation but I have suffered quite an amount of pain, upset and inconvenience over the past month as a result. I normally run and cycle and have been unable to do either. The thing is - I'm not sure though if I even have a valid claim or not. I really don't want to go down the solicitor route and would probably only consider a direct claim with the Injuries board. Any advise from people with experience or legal legal expertise would be much appreciated. Thank you.

Santa Cruz

You were aware that it was a temporary car park with an uneven surface. You were walking on a tarmac road and "encountered" a sizeable chunk of gravel. Were you looking where you were going? Obviously not or you would have avoided it. Where is the liability of your employer?

Losty Dublin

Xlady14 wrote: »

I am not trying the milk the situation but my family and I have suffered quite an amount of pain, upset and inconvenience over the past month as a result.

Did they fall over, injure themselves and plan to milk the situation instead of you?

Xlady14

Losty Dublin wrote: »

Did they fall over, injure themselves and plan to milk the situation instead of you?

No! The pain was only from my side but the inconvenience on my family has been having to drive me to the hospital & elsewhere for appointments etc., drive / collect me from work these past few weeks. etc.

hullaballoo

You should speak to a solicitor, who will advise you as to liability or otherwise. They take a detailed statement and a skilled one will ask the necessary questions.

We cannot advise you here.


Unless your employer is a complete cowboy, s/he will be insured against workplace accidents.

schemingbohemia

And we wonder why insurance is so expensive in this country.

From your OP you decided of your own volition to take a short cut rather than use the (presumably) safer paved option that was longer. This could reduce any payment as you may be deemed to have contributed to the situation that arose.

gctest50

schemingbohemia wrote: »

And we wonder why insurance is so expensive in this country.

AXA : Profit : €4.324 billion (2011)

People dodging around regulations :

Xlady14 wrote: »

The employer does not have planning permission for this car park and the tarmac / gravel scenario is apparently is a way to circumvent this planning permission.

Xlady14 wrote: »

.......I was unlucky enough to encounter a sizable chunk of gravel on the roadway which caused me.........

schemingbohemia wrote: »

From your OP you decided of your own volition to take a short cut rather than use the (presumably) safer paved option that was longer.

Bound to happen sooner or later - what if the OP was getting something from her car ?

What do you expect ? get an assessment done on the safest route to your car before you go home ?

Put on safety gear ?







.

BornToKill

gctest50 wrote: »

AXA : Profit : €4.324 billion.

Since we are talking of insurance costs and claims in this country, AXA's profits for 2011 in Ireland from all lines were stated at €67.2m.

gctest50

BornToKill wrote: »

Since we are talking of insurance costs and claims in this country, AXA's profits for 2011 in Ireland from all lines were stated at €67.2m.

yip, and happily its going up

31st Dec 2011 €67.2 million profit


31st Dec 2012 €137.4 million profit

BornToKill

gctest50 wrote: »

yip, and happily its going up

31st Dec 2011 €67.2 million profit


31st Dec 2012 €137.4 million profit

I can read. Your post referred only to 2011 for some reason. The figure for Ireland for 2011 was €67.2m and not what you stated. I'm not sure how the profitability of one insurance company in particular, or insurance companies in general, is relevant to the thread.

gctest50

BornToKill wrote: »

I can read.

apparently not.

i never mentioned ireland

see :

gctest50
AXA : Profit : €4.324 billion (2011)

no mention of the soggy swamp

Pro Hoc Vice

Xlady14 wrote: »

A couple of weeks ago a tripped and fell at work causing ligament damage and a small fracture to my ankle. I was walking from one building to another (was attending meetings) and cut though a temporary car park which has tarmac roadways but the actual parking spaces are gravel. A lot of this car park gravel kicks up onto the roadway and essentially I was unlucky enough to encounter a sizable chunk of gravel on the roadway which caused me to go over on my ankle and fall to the ground.

My employer has offered to cover any medical costs but I am wondering if I should make a claim the Injuries Board or not. The employer does not have planning permission for this car park and the tarmac / gravel scenario is apparently is a way to circumvent this planning permission. There is no fencing around the car park to prevent people walking through it or any warning signs. Given the gravel is the same colour as the tarmac it made it hard too see the difference!

I am not trying the milk the situation but I have suffered quite an amount of pain, upset and inconvenience over the past month as a result. I normally run and cycle and have been unable to do either. The thing is - I'm not sure though if I even have a valid claim or not. I really don't want to go down the solicitor route and would probably only consider a direct claim with the Injuries board. Any advise from people with experience or legal legal expertise would be much appreciated. Thank you.

So you don't want legal expertise in the real world just on the internet I suppose from people who make a living from their legal expertise. Well if if you had a blemish on your skin would you operate on yourself nope you would ask a doctor to look at it, if you want to go to the injuries board yourself work away but please don't expect any assistance from qualified solicitors and barristers who may or may not be on boards.

Just to remind you anything you write on your injuries board application will be available to the defendant and most importantly will be available to them should the matter go to court.

Best of luck in advising yourself on the legal area of tort and the possible value of your injury.

BornToKill

gctest50 wrote: »

i never mentioned ireland

The concept you appear to be having difficulty with is known as 'context'.

Little CuChulainn

Xlady14 wrote: »

I am not trying the milk the situation

Yes you are. It doesn't sound like your employer has done anything that would cause your accident but you want to sue him anyway. It sounds like he is actually being pretty good about it by paying your medical bills. But only a solicitor can tell you for sure based on the full facts.

goz83

Did you have a problem with the planning status of the car park before the fall over the large piece of tarmac coloured gravel?

If you believe your employer was negligent, then by all means, do your thing. It's hard for us to judge what happened and to understand the hardship you had. The only question is whether your employer is responsible, or not. Not having planning permission for a car park, is not a good enough reason to justify a claim in my opinion.

gctest50

Little CuChulainn wrote: »

Yes you are.......

Can take a while for ankles to sort out

Her ankle injury had cleared up completely after two years

http://www.independent.ie/irish-news/courts/garda-played-allireland-camogie-final-on-painkillers-and-strapping-after-she-was-assaulted-while-on-patrol-court-told-30394801.html

corriefan

God almighty what is wrong with people, no wonder insurance is the way it is. You want to sue your employer for falling over a piece of gravel???

In my opinion it was an accident, pure and simple. Have you thought of the implications for your employer i.e he/she could be stuggling financially as so many other businesses are, it will result in increased premiums for the business which could have a knock on effect on other peoples jobs etc. Not to mention the stress you would be putting him/her and their family under?

They have offered to pay for your medical costs, accept it for what it is.

Little CuChulainn

gctest50 wrote: »

Can take a while for ankles to sort out

I don't care if she lost her leg, it still doesn't make her employer responsible for her inability to walk.

hullaballoo

Little CuChulainn wrote: »

I don't care if she lost her leg, it still doesn't make her employer responsible for her inability to walk.

Moderator: You are not appraised of the facts of this case to be giving advice such as this.

A legal professional would require much more additional information in order to make that decision.

Pro Hoc Vice

Little CuChulainn wrote: »

I don't care if she lost her leg, it still doesn't make her employer responsible for her inability to walk.

Have you visited the location of the incident, have you a degree and practice in engineering, do you practice as a solicitor or barrister. Are you well versed in the jurisprudence of tort law.

kennM

Unfortunately welcome to the perils of wide open forums, you'll get a good mix of armchair experts, those who have been through the process before and some professionals involved in the field also.

Regarding any claim liability needs to be proven and few would be in a position to give an accurate and reliable indication of same. I would suspect a consultation with a solicitor is likely your best course.... photo's would certainly benefit that consultation.

Little CuChulainn

Pro Hoc Vice wrote: »

Have you visited the location of the incident, have you a degree and practice in engineering, do you practice as a solicitor or barrister. Are you well versed in the jurisprudence of tort law.

You misunderstand my post. I'm merely pointing out that a more severe injury does not change the apportionment of responsibility.

The Bishop Basher

You hurt your ankle. You'll live. Your medical expenses are covered. You missed a few cycles. It could have been worse. Count your blessings, suck it up and move on.

Anything else is, in my view, "milking it".