Aggravation of Previous Back Problem in RTA

Martin sustained injuries to his back in a road traffic accident in 2007.   He had previously sustained similar injuries in an accident at work in 2005.  Martin was unaware that he would be entitled to claim compensation for the aggravation of his previous condition.   When he consulted with me I explained to him that under the law of compensation in Ireland he was entitled to recover compensation for the exacerbation in his condition.    Martin was referred to a consultant Surgeon who ordered that he undergo an MRI scan which showed that he had a prolapsed disk and that he might require surgery in the future.

The Insurance Company argued that they should not compensate Martin for the prolapsed disk as they claimed that this was an injury that he sustained in his accident at work 2 years previously.  I obtained copies of his previous medical notes and records and his scans which clearly showed that the prolapsed disk was not there before the road traffic accident.   The insurance Company then had to accept that the road traffic accident caused the prolapsed disk and had to compensate Martin fully for his injuries.   This principle in Law is called the “egg shell skull rule”.   This means you must take your victim as you find him.

The fact that Martin had a previous back condition did not stop him from obtaining compensation.

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