An employee is entitled to work accident compensation for back injuries where the injury has occurred as a result of some fault on the part of the employer.
Bank injuries in the workplace can have very serious consequences for an employee. A back injury is one of the most common workplace accidents which we deal with in Sinnott Solicitors.
A back injury to an employee can cause chronic pain, difficulty walking and in performing ordinary everyday tasks, difficulties with lifting and in very serious cases, full or partial paralysis.
In some cases a back injury sustained in the workplace can prevent an employee from being able to continue working and such back injuries may require long term care depending on the severity of the injury.
The causes of most back injuries in the workplace include the following:
- The lifting and manual handling of various objects in the workplace
- Insufficient breaks during the course of prolonged spells of physical activity
- Unsuitable office or work equipment for the carrying out of various functions
- Inadequate training (example, manual handing courses and lifting)
- Trips, slips and falls in the workplace due to spillages, dangerous hazards
- Using heaving vibrating machinery during the course of work can result in significant back injury (for example drill hammering, jack hammer in to concrete)
We have outlined an employer’s obligations and duty of care towards an employee in order to prevent workplace injuries and accidents and injuries from occurring. This should give you an insight as to the type of duties placed on employees and employers which will have an impact on your workplace compensation claim.
A breach of the Health and Safety at Work Act by the employer may enhance the strength of your claim and could result in an increase in the amount of compensation available to you. Back injuries in the workplace can be avoided if the Health and Safety at Work Act is adhered to and employers are held liable if they fail to adhere to the provisions.
GET EXPERT LEGAL ADVICE
Sinnott Solicitors have been involved in taking many many workplace back injury claims and we have numerous cases which are ongoing concerning back injuries.
Generally speaking we refer our client’s to Orthopaedic Consultant Surgeons that specialise in back injuries and in many cases the employee’s GP will already have referred a person to an Orthopaedic Surgeon.
We will obtain an expert report from the Orthopaedic Consultant Surgeon which we can then use to assess the strength of your claim because that report will contain the opinion of the Orthopaedic Surgeon and the likely prognosis in respect of your injury.
Sinnott Solicitors will explain the process thoroughly to you from beginning to end and we will ensure that you will receive the maximum compensation available for you in the event that you sustain the back injury in the workplace.
WORKPLACE BACK INJURY CLAIM: CIARA’S STORY
Ciara was driving on the outskirts of Dublin City Centre during the course of her duties of employment. She proceeded through traffic lights and she was about to turn left when a car behind her rear ended her vehicle causing damage to her vehicle and injury to Ciara’s neck, shoulder and back.
The accident was not Ciara’s fault and she immediately attended her GP with her back injuries. To complicate matters Ciara was pregnant at the time and she suffered a panic and anxiety attack because of the additional worry with her pregnancy. Also due to her pregnancy Ciara was unable to take some of the strong pain killers required for back injuries and precaution had to be taken in respect of x-rays required.
Ciara’s back injuries continued for a number of months after she had her baby and she was referred to a Consultant Orthopaedic Surgeon for a medical report to assess her injury and her future prognosis.
The medical report stated that her injuries consisted of soft tissue injury, constant pain in her lower back and whiplash injury due to the impact of the rear ending of her vehicle.
Sinnott Solicitors waited for Ciara’s injury to become fully apparent and waited until a full prognosis could be carried out.
There were two elements to Ciara’s claim. Firstly Ciara suffered post-traumatic stress because of the fact that she was pregnant when the accident occurred. She had a number of additional scans after the accident and she suffered panic attacks. Ciara also sustained her back injury and whiplash injuries and the prognosis in respect of those injuries was six months to one year.
Ciara achieved a settlement figure of €65,000 together with her special damages to include loss of earnings as she was not able to return to work when she was due to return after her maternity leave. We considered this to be a very good result as Ciara recovered fully within one year and her symptoms abated not long after her case settled.