Claiming Personal Injuries Due To Workplace Stress

It may be obvious that you spend most of your time at your workplace performing your designated duties. However, you may not realize that the long working hours, sometimes unrealistic client demands, deadlines, targets and certain workplace cultures cause workplace stress. The Health and Safety Authority defines workplace stress as stress that is caused or worsened by work. It mainly results from having an imbalance between work demands, the working environment and an employee’s capacity to meet work/ employer demands.

Workplace stress impacts employees’ health negatively and sometimes causes serious illnesses. Hence, the need to file for personal injury claims. The stress can manifest through psychological symptoms like nervousness, anxiousness, having racing thoughts, fear, feeling low and upset. It can also cause physical symptoms like stomach issues, heart palpitations, poor sleeping patterns and raised blood pressure. These are just a few common workplace stress symptoms that can cause serious or permanent health damages if ignored.

Under the Safety, Health and Welfare at Work Act, employers are mandated to protect employees by ensuring their safety, health and welfare at workplaces. This gives employees the right to sue employers for personal injuries with the help of employment law solicitors Dublin in the event where avoidable workplace stress causes injuries. However, personal injury claims arising from workplace stress are never straight forward. Before taking up a personal injuries case, employment law solicitors must ensure the following;

1. There is a health injury. This can be a physical injury or psychiatric injury. Therefore, the prognosis for a health injury resulting from workplace stress can only be made by a specialist medical practitioner like a psychiatrist.
2. The health injury must be directly attributed to workplace stress. This may be caused by excessive workplace demands, long working hours, unrealistic deadlines and targets that overwhelm an employee. Only specialist medical practitioners can determine the causation of an injury to determine whether it is related to workplace stress.
3. The resulting workplace stress should be wrong and actionable in law. The employee must prove that there was breach of duty or negligence from the employer. Note that, the court adopts an objective test to determine whether an employer’s behaviour towards an employee was wrong and actionable in law. For instance, the court would seek to determine whether a reasonable person can deem the employer’s behaviour as wrong and actionable in law. This means that, the court evaluates the actions of both the employer and employee to determine the cumulative effect.

Therefore, before claiming personal injuries due to workplace stress, our employment law  Dublin must establish that in all workplace circumstances, the employer should have foreseen that employees may get harmed either physically or psychologically while at work. This forms the basis for a strong case.

Summary

Good employment law solicitors Dublin will examine an employees’ current situation and consider advice from medical practitioners before initiating a workplace personal injuries claim. This is because, they are difficult and costly cases that do not always guarantee success.

Personal Injury Solicitors: Things You Need To Know About Children Cases

Personal injury cases for children are different from those of adults. According to experienced personal injury solicitors, children receive special attention that protects them from losses and lifetime damages. The law seeks to protect their rights when they are vulnerable and even provide them with an opportunity to seek review when they come of age. Here are tips that should guide you when filing a case involving children.

1. Children Have An Extended Period To File Their Cases

Adults are required to file lawsuits up to two years after the injury. Any case filed after that will be dismissed. However, children receive an extension with the window for filing such a case remaining open until the person is 20 years of age. This provides the child with two years of adulthood to file the suit. For a parent or guardian, you have sufficient time to examine the extent of damage and its impact on his life. There are special provisions in case of emancipation. Get guidance from a professional solicitor to ensure that you get full and deserved compensation.

2. A Child Cannot File Own Claim

Children are regarded as minors and cannot therefore enter into legal agreements. It is the responsibility of the parent or guardian to file the claim on behalf of the child. This explains why they are given an extension of two years after attaining adulthood to file own claims if their parents or guardians failed to file. The claim for medical bill and other damages are made by parents. In most cases, the guardian or parent file the case for medical bills alongside that of injuries.

3. Children Lose Wages Too

The nature of injury may cause a child to lose wages. This is given attention in case the child is not emancipated through disability. It is the parent to make the claim on behalf of that child. You need an experienced solicitor who can prepare and present a solid case that leads to full compensation.

4. Children Are Treated Differently From Adults

Adults are supposed to be more cautious than children. This means that the level of responsibility when dealing with children cases is different from when you are dealing with adults. For instance, contributory negligence reduces the level of compensation for adults. However, different standards apply to children based on their age.

Cases You Can File On Behalf Of Children

Injuries arise from multiple scenarios, some of which are unthinkable. In some cases, you do not think that the case warrants filing a claim. Here are cases that you can file for claims when they result to injuries.

• Car accidents- injuries resulting from car accidents are sufficient ground for filing a claim. This may extend to cover psychological damage and trauma that arise from an accident.
• Tripping on an uneven foot path- this may happen at home, on the road, estate or even at the park. Someone has a responsibility of ensuring that the paths are safe for children.
• Injuries in swimming pools- pools are supposed to provide fun moments. The management or maintenance companies take responsibility for any injury.

There are numerous cases that require attention from personal injury solicitors. Visit Lawlor Partners for an evaluation and guidance on the approach to take. You need experience to get the best settlement.

Personal Injury Solicitors 6 Tips to Get Maximum Compensation

Injuries can be devastating to the point of crippling you economically. This could spell doom to your career, social and overall life dreams. This is why you must chase maximum compensation. Unfortunately, even the most obvious case of injury is not easy to get maximum compensation. Personal injury solicitors in Dublin have given their tips that guarantee maximum compensation and enable you to regain your economic viability.

1. Understand The Legal Provisions For Making Claims

Surprisingly, a scar is not enough when making a claim for personal injury. You need to convince the judge more in order to get your claim honored. Your claim must be filed within the stipulated time after injury. The general time frame is a few years. However, you must satisfactorily explain the reason for your delay in making a claim. However, the nature of injury will determine the reasonable time within which you file the claim. There are injuries like mesothelioma that take time to manifest. The judge will only authorized maximum compensation if it is filed within reasonable time of the injury occurring.

2. Hire A Professional Injury Solicitor

There are numerous solicitors offering their services in your neighborhood and through the internet, or other platforms. You should also note that not all attorneys are fit to represent you in all cases. Solicitors who specialize on personal injury understand the processes of claims and tactics that would enable you to get maximum compensation. They will not assume any aspect of your injury. This provides a guarantee that your compensation will be full. A general lawyer will handle your case as if it is an ordinary one. This denies you numerous opportunities to get maximum compensation.

3. Provide Documentation

Legal processes are only transacted on the basis of evidence. This evidence is given in legally recognized documents like accident reports, medical receipts and eye witness accounts, among others. Gather all documents relating to the accident and your injuries. These documents make verification easier. One of the documents you should never leave behind is the police report. Police have the mandate of recording such incidences officially. They are also considered to be impartial, making their records more reliable. Ensure that your accounts are consistent with what the police have recorded to avoid dismissal.

4. Take Care Of Your Injuries

The first step you take when involved in an accident or injury situation is to see a doctor. Even rushing to report to the police is not recommended. Seeking medical attention ensures that your injury does not get worse. If the judge rules that you neglected your injury, compensation will be reduced and may even be denied. The claim should include expenses towards your medical bill.

Personal injury solicitors advise claimants to file a comprehensive case. The judicial system does not entertain constant amendment to claims because it disorients the resolution and compensation process. Before making your claim, evaluate all the elements that of the injury to ensure that the compensation if comprehensive. It also reduces time spent in court seeking compensation. However, the court does not lock doors for claimants who need further compensation if the injury or its effect worsens.

Personal Injury Solicitors Dublin: Mistakes to Avoid When Filing Your Claim

Compensation for an accident is the right of a victim. While many people file claims, some are dismissed with less or no compensation because of mistakes by the victims at the accident scene, during treatment or the process of filing the claim. Personal injury solicitors Dublin insists that the success of your claim and level of compensation will depend on your due diligence when filing the claim. Here are mistakes that will deny you the compensation you are entitled to or even lead to dismissal of your claim.

• Seek Immediate Medical Attention 

Whenever you are involved in an accident, the law requires you to seek immediate medical attention. This will reduce the extent of damage that you suffer through the accident. Do not be in a hurry to first file a claim. When the case is decided, you will be at fault for negligence which made the injury worse. The law states that you have a duty to mitigate losses suffered. Immediate medical attention will not only relief your health burden but also cut down on economic losses. Seek help from qualified professionals and equipped facilities within your disposal. This shows your level of concern about your health.

• Include A Police Report 

Police and law enforcers are considered as authorities during disputes. Their records are also formal and cannot be tampered with. When an incident occurs, inform the police and have copies of investigation reports accompanying your claim. The court will consider such a report as fact and will rule in your favor. Further, this is a confirmation that the incident happened and cannot be disputed. Police can also extract important information like the name of people involved, insurance details, identity and also assign responsibility.

• Provide Records Of All Medical Related Expenses 

Records are provided through receipts that must be legal and formal. These records provide a clear picture of the extent of damage. For instance, they will show proof that you paid hospital bills, incurred transport costs, bought medicines and attended therapy sessions, among other expenses. The records should be consistent and formally recognized. The institutions providing the services should also be legally permitted.

A record of injuries and treatment should also be included and provided by a doctor. Follow up on mental health as well and the process of recovery. Include specific dates and ensure that they tally with your health condition. These records are useful when calculating compensation.

• Do Not Sign Anything Without Understanding 

Insurance companies and responsible persons are always quick to get off the hook whenever an accident happens. They will trick you to sign documents that may incriminate you or exonerate them. This will compromise your settlement and may affect your recovery. Consult an injury solicitor to ensure that the signature you append is always to your favor.

About Lawlor Partners 

Lowlor Partners are specialist personal injury solicitors Dublin providing the best services whenever you need to negotiate in case of an accident. You can depend on their experience to handle even the most complex case. You are assured commensurate settlement and in the shortest time possible to enable you regain your footing.

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