Personal Injuries Board and The ‘Book of Quantum’: Back and Limb Injuries
Most people are familiar with the concept of the Personal Injuries Board and recovering compensation for injuries caused by the fault or negligence of another party. The ‘Book of Quantum’ has recently been published by the Board in an effort to give clarity to the amount of compensation a person can expect if they win their claim. This article will focus on figures for the most common Back, Spine and Limb injuries.
Back Injuries can be particularly bad in respect of the impact on standard of living and the activities that are restricted as a result of the injury. These injuries can affect the actual vertebra or soft tissue. Serious injuries affecting the spine may involve partial or complete damage to the spinal nerves or spinal nerve root, serious damage to disc lesions requiring fusing of vertebrae, and the most severe may involve paralysis. Soft Tissue damage would include an over extension or sprain common in a motor vehicle accident or high impact slips/trips/falls type of accidents.
|Minor (Recovery)||€14,800 Minor – €18,400|
|Moderate||€21,400 to €34,400|
|Moderately Severe||€32,100 to €55,700|
|Severe and permanent||€52,300 to €92,000|
Spinal Cord Injuries such as Quadriplegia, the paralysis of all four limbs, paraplegia being paralysis of both lower limbs and partial or total loss of urinary and bowel function. The Courts have an open maximum compensation figure depending on some considerations such as level of movement, pain and suffering, depression, level of achievable rehabilitation, age and life expectancy. The upper range for compensation of this type rests in or around €450,000.
Limb injuries include any fracture, dislocation, crushing, amputation, soft tissue damage or to the arms, legs, fingers and toes and any joint. There may be different types of injury within these categories, including compound fracture or hairline fractures for example.
Fracture Clavicle – Collar Bone Fracture €22,100 to €44,000. The clavicle is known for not healing quickly or accurately. Therefore the level of assessment will depend upon several factors which may include complicated or simple fracture, duration of treatment, complications, and whether there is any ongoing permanent disability.
|Minor||Moderate||Severe||Severe and permanent|
|Humerus (upper arm bone)|
|€36,800||€34,700 to €64,500||–||€50,100 to €83,900|
|Fractures – Femur|
|€27,700 to €59,100||€47,000 to €84,700||€60,600 to €97,700||€83,100 to €102,000|
|Fractures – Patella (Knee cap)|
|€20,600 to €47,200||€37,000 to €77,200||–||€52,800 to €89,100|
|Lower Leg Fractures – Tibia and/or Fibula|
|up to €49,400||€40,500 to €70,400||€68,800 to €91,900||€77,700 to €96,800|
|Fractures – distal (bottom end) Tibia and Fibula and Talus Three bones (ankle joint)|
|up to €54,700||€39,100 to €87,600||€79,900 to €89,300||€80,500 to €93,300|
|Fractures – foot fractures|
|€18,000 to €34,900||€34,000 to €61,200||€49,800 to €83,100||€65,200 to €92,900|
More serious injuries may involve an element of severe ongoing dysfunction as well as a high risk of degenerative change.
|Minor||Moderate||Severe||Severe and permanent|
|€27,100 to €45,800||€45,000 to €70,400||€46,300 to €86,700||€59,800 to €94,500|
|€22,100 to €50,400||€39,200 to €87,300||–||€55,200 to €93,400|
|€22,100 to €49,300||€41,100 to €77,100||–||€56,800 to €82,800|
|€17,500 to €43,200||€33,000 to €70,600||–||€48,400 to €76,700|
Arm, hand or finger amputations can be some of the most severe injuries. There are several factors that need to be considered when calculating the assessment. Such factors would include dominant hand, appearance, use of any remaining stump, age, gender and occupation impacts. Where there is a loss of Multiple Digits similar factors must be considered. Most of these cases are assessed on individual merits, including for leg amputations.
|Finger||Partial loss||Total loss|
Common Work Related Injuries
Work related injuries often give rise to actionable claims which include a range of types of injuries. From repetitive injuries, to allergic relations, to slips and falls and to crush injuries.
Injuries caused in the workplace by repetitive movement are actionable where they cause long lasting pain and impact your standard of living. The severity and compensation are dependent on factors such as dominant hand, the ability to work, the effect on domestic and social life, the capacity to avoid recurrence of symptoms, surgery required or performed and age at the time of the injury. These include injuries such as Tenosynovitis (an inflammation of the tendon sheaths) which range from €22,000 to €29,400 where there is substantial recovery to €58,000 to €68,600 for severe and permanent conditions. Conditions such as De Quervains Tenosynovitis (an inflammation of the tendon of the thumb), Radial/Cubital Tunnel Syndrome (compression of the radial or ulna nerves), Carpal Tunnel Syndrome (compression of the median nerve) and Epicondylitis (Tennis/Golfers Elbow) are all included in this category.
Another type of work related injury which many would not consider is Dermatitis especially where the Arm/Hands suffered from allergic dermatitis. It is a reaction of the skin to allergens which generally do not cause skin reactions to most people but some are hypersensitive to the organic or chemical allergens. Compensation ranges from €14,000 for minor reactions to €32,800 to €53,700 for severe or permanent conditions. These injuries would include dermatitis to both hands, with cracking of the skin and soreness affecting the person’s employment and domestic capability, with lasting consequences.
Crush Injuries are often the most severe work related injury. They are a serious type of soft-tissue injury which may include fracture, vein and nerve damage. They vary from €14,400 to €33,300 for minor hand or arm injuries up to €64,200 to €87,700 for severe and permanent conditions. Crush injuries to the feet range from €12,800 for minor injuries to €78,300 for severe injuries.