If you or a family member have been involved in an accident working as a tree surgeon, it is imperative that you talk to a solicitor if you wish to pursue a claim.
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Being involved in an accident at work, regardless of how serious the accident was, can be a traumatic experience – whether you have sustained any injuries or not. In cases where you were involved in an accident that was not your fault, there may be a legal remedy.
Every day, tree surgeons and arborist specialists face challenging work conditions. Working at a height can be risky on its own, but when you add in dangerous equipment such as chainsaws, tree mulchers, the possibility of falling branches, and susceptible supports, the dangers multiply. With almost 700,000 hectares of forestry land in our country, an increasing number of tree surgeons and other forestry workers are working in this high-risk environment.
People working as tree surgeons are exposed to a variety of health and safety risks. Handling dangerous equipment, mechanised harvesting, working outside in a tough environment, felling trees with chainsaws and working alone are all potential hazards.
The most common tree surgeon accident claims are:
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist accident solicitor to help you with this
When you decide you want to move forward with your tree surgeon accident claim it is important to have all the relevant information and personal data to hand when contacting a solicitor. Important information to have on hand at this point is:
Solicitors are aware of the accident claim process and can avoid any legal bumps in the road you might encounter if you did this process yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so they can obtain a report on your injuries.
As soon as your solicitor has gathered all the information, your accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assesses your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on- your recovery and return to work, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all – regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your tree surgeon accident, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with a tree surgeon accident claim you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident while cutting down a tree.
Special damages are out of pocket expenses incurred because of the accident the tree surgeon sustained, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsEmployers have a duty to ensure safety standards are met in the workplace. These in theory should help to minimise the amount of tree surgeon accidents.
The duties of an employer include:
A breach of these duties by the employer can lead to accidents. If an employee has sustained an injury and it is found that it was caused by employer negligence, then the employer is likely to be found liable.
Sustaining an injury at work, as an employee can be a traumatic experience, especially if you have suffered any personal injuries. The most common personal injury claims that can occur while working as a tree surgeon are:
We draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.
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