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Making a Claim

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  • 29-01-2020 2:54pm
    #1
    Registered Users Posts: 263 ✭✭


    Hi Guys,

    Hope this is in the right place. My mother recently had a fall at work. Ended up breaking 2 bones in her wrist and had to have a metal plate etc inserted into it which will be a permanent thing and will no doubt give her problems down the line.

    We have spoken to her about making a claim etc as the place it happened had recently had a new flooring put in which was very slippy with no signage to say so. She is hesitant about doing so as she would hate to take anything from anyone as such, but could anyone advise the best way to go about it? We are all a little clueless as to the process involved, and any help would be appreciated. I assume contact a solicitor etc?

    Thanks all!


Comments

  • Registered Users Posts: 6,165 ✭✭✭Claw Hammer


    Snip: Watch the tone, we have better standards.


  • Registered Users Posts: 2,950 ✭✭✭Eggs For Dinner


    I assume your mother's employer is aware of the incident. If not, advise them immediately. Personally, I would ask for a recommendation for a solicitor from family or friends. When you find one you would be happy to represent you, get agreement in writing as to how they are to be remunerated. When you appoint them, insist on regular updates. Follow their advice throughout the process, which will include an application to the Injuries Board for assessment


  • Registered Users Posts: 263 ✭✭jkbrackens11


    I assume your mother's employer is aware of the incident. If not, advise them immediately. Personally, I would ask for a recommendation for a solicitor from family or friends. When you find one you would be happy to represent you, get agreement in writing as to how they are to be remunerated. When you appoint them, insist on regular updates. Follow their advice throughout the process, which will include an application to the Injuries Board for assessment

    Thanks, will follow up on that.


  • Registered Users Posts: 2,897 ✭✭✭DellyBelly


    No harm in looking at talking to a solicitor as well. Get the right one and your mother could get a nice little wedge of cash. Also they would be able to provide you with info on how to proceed wit hthe case...best of luck with it..


  • Registered Users Posts: 2,045 ✭✭✭silver2020


    Probably the first instance of a query about a real and genuine claim on boards for a while.

    This is what liability insurance is about. An unforeseen accident that has caused hardship and injury and the affected person not looking to "win the lotto".

    As above, ensure the employer has a record of the fall, talk to a recommended solicitor and assuming no long term issues, PIAB (personal injury assessment board) will probably determine a fair level of compensation for costs and hurt.


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  • Registered Users Posts: 2,950 ✭✭✭Eggs For Dinner


    silver2020 wrote: »
    This is what liability insurance is about. An unforeseen accident that has caused hardship and injury and the affected person not looking to "win the lotto".

    That is not what liability insurance is for. It is to cover the costs where an employer has breached their duty of care to their employee. The fact an accident has occurred and hardship has followed, does not necessarily mean the employer is negligent.

    Wet or inappropriate tiles would indicate negligence here, so an Employer's Liability policy would come in to play


  • Registered Users Posts: 3,972 ✭✭✭spaceHopper


    Could you go to the personal injuries assessment board


  • Registered Users Posts: 351 ✭✭randomrb


    The first step here is to talk to the employer, they may be more than happy to pay her medicals and give her a bit extra for pain and suffering if they are approached early and can avoid having to "lawyer up"


  • Registered Users Posts: 603 ✭✭✭kennM


    Hi Guys,

    Hope this is in the right place. My mother recently had a fall at work. Ended up breaking 2 bones in her wrist and had to have a metal plate etc inserted into it which will be a permanent thing and will no doubt give her problems down the line.

    We have spoken to her about making a claim etc as the place it happened had recently had a new flooring put in which was very slippy with no signage to say so. She is hesitant about doing so as she would hate to take anything from anyone as such, but could anyone advise the best way to go about it? We are all a little clueless as to the process involved, and any help would be appreciated. I assume contact a solicitor etc?

    Thanks all!

    Firstly my thoughts go out to your Mum and she makes a speedy recovery.

    When it comes to insurance claims there are two aspects, the first and most important is liability. Once this is proven then it boils down to compensation.

    The process is built so that "anyone" should be able to go through PIAB and hence keeps the costs down. Upon receipt of the claim they will write out to the defendant (in this case her employer) to determine if liability is disputed. If it is typically PIAB will provide a release for the plaintiff (Your Mum) to pursue the case through court, costs are naturally involved here.

    If liability is 100% accepted by the company then PIAB will proceed with their assessment process and ultimately propose a settlement to the employer and your Mum. If both are happy all done.

    Don't overlook the liability aspect first! saying a floor is too slippery etc. is subjective, footwear, due care and attention, etc. Just factors to keep in mind.


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