Compensation for Workplace Accidents

Factors Considered in an Injury Claim

An assessment has a number of components, covering some or all of the following:

• a sum to compensate* for pain;
• suffering and loss of enjoyment of life;
• future cost of medical care;
• loss of earnings into the future caused by the injury; and
• specific losses such as past loss of earnings and medical bills.

What is the ‘Book of Quantum’?

The Book of Quantum is intended to provide an indication as to the potential range of compensation for a particular injury. It provides assistance to all those involved in resolving personal injury claims by making the level of damages more predictable and consistent throughout the injury compensation system. 

Identify a Category of Injury

Assessment of compensation* starts by identifying that part of the body that has suffered the most significant

injury, although the complete effect of all the injuries will be considered, e.g : 

• back and spine
• body and internal organs
• head
• lower limbs
• neck
• upper limbs

Understanding the Severity of the Injury

Generally the severity is categorised into broad ranges to reflect the degree of disruption to

lifestyle, pain and permanency of the condition, e.g :

minor

moderate

moderately severe

severe and permanent

Determine the Value Range

The Book of Quantum is then consulted to identify the value given the the relevant injury. 

Very often, the majority of cases fall within a given range. However, it should be noted that the actual award may often fall outside of the recommended guidelines.

Consider Multiple Injuries

If, in addition to the most significant injury, there are other injuries, it is not appropriate to

simply add up values for all the different injuries to determine the amount of compensation*. 

Where additional injuries arise there is likely to be an adjustment within the value range.

What are ‘Special Damages’?

Special damages can be anything that goes beyond compensation* for the injury, relating to monetary loss suffered, including car hire, damage (e.g. loss of car), damage to clothing or property, loss of earnings, medical consultations, medical treatment fees, medication, physiotherapy, travel, vehicle storage and/or vehicle towing.

Timelines for an Injury Compensation

In general, workplace accident claims made to the Personal Injuries Assessment Board (PIAB) are assessed in just over 7 months from when the employer consents to have the claim assessed by the PIAB. 

Claims for workplace accidents or injuries can take up to 36 months in the civil courts.