Before commencing a legal action regarding an industrial accident claim, it is necessary to apply the principles of negligence and relevant statutory rules to the facts.
Negligence has been described as the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. The result is harm to another person.
Duty of Care
Firstly, when assessing a case, it is necessary to assess if a legal duty of care was owed between the parties. In an industrial accident claim an employer will owe an employee a duty of care. Employers must take reasonable care to avoid acts/ommissions one could foresee would likely injure the employee.
Standard of Care
Second, it necessary to assess what standard of care the employee should reasonably have been expected to in the workplace. What would a reasonable employer have done in the circumstances ? will be assessed.
The third factor to assess is was it the defendant’s negligence that caused the injury.
It is also necessary to assess if the employer should have reasonably foreseen the consequences that resulted because of the act or omission in the workplace that led to the accident.
Lastly, was there damage done to the person and what was it will be assessed ?. Were they injured due to the negligence and what was the injury.
Industrial Accident Claim Time Limit
The standard rule for personal injury cases is that the individual has within 2 years for initiating a legal action from the date of the accident.
Industrial Accident Claim Form
Below is a list of some of the questions you should ask yourself before filling the Form A:
- Are you still suffering from discomfort or pain, or are your injuries healed fully?
- Are your symptoms improving, staying the same, or getting worse?
- Do you have difficulty sleeping?
- Do you believe that your memory has been affected by the accident?
- Has the injury left you with any scarring or disfiguration?
How Does an Industrial Accident Claim Work?
It is necessary for the injured person to notify the person responsible for your injury, within 1 month of the accident, in writing, of an intention to pursue a legal action.
When your application is sent and has been received by the Personal Injuries Assessment Board (PIAB), you will be issued with an application number.
The Injuries Board will then send this notice of the application to the alleged wrongdoer and he/she has 90 days to consent/reject or do nothing. The Injuries Board will send a copy of the injured person’s application with this notice and or any other accompanying documents.
The Injuries Board will after this period begin their assessment, if the alleged wrongdoer does not reject this outright. In that case court proceedings can begin.
The Injuries Board must make their assessment within 9 months of receiving the alleged wrongdoers consent to assessment. Once the assessment decision is made the alleged wrongdoer is given 21 days to accept the award or there’s deemed acceptance. The injured party is given 28 days and if no response is received, is deemed to accept the award.
How Long Does an Industrial Accident Claim Take in the Injuries Board ?
After an Applicant has submitted an application form to the Injuries Board, and after a period of time when they complete the processing of the application, they will send a formal notice of the claim to the Respondent (person who caused the accident) and this Respondent then has three months to state whether they consent or not to the Injuries Board assessing the matter.
If the Respondent states they do not consent to the Injuries Board assessing the matter at the outset, an injured party will be issued with an Authorisation, meaning they will be entitled to commence legal proceedings at that time.
If the respondent states they consent to the assessment of the Injuries Board, the Injuries Board will then take nine months to assess the claim.
From our experience it usually takes approximately up to one year from the beginning to end of the process for the assessment to take place, should the Respondent consent to the assessment taking place at the outset.
Case Assessment Advice
If you wish you can contact us by telephone or email and we will have an initial meeting with you to explore the facts and furnish a case opinion to you, and advise you about the process of an industrial accident claim.
8(b) “In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement”.