Can I claim for an accident at work?

Many workplaces are dangerous to a certain extent, which is why there are now strict health and safety rules to govern everything from how needles are disposed of in hospitals to who is allowed to build scaffolding on construction sites. Unfortunately, safe working practices aren’t always followed and safety equipment isn’t always up to scratch. In these cases, accidents can and do happen, often leaving workers with serious injuries or illnesses that can lead to loss of earnings, and sometimes even loss of life. That’s when you need to talk to a legal firm with the experience to help you seek the injury at work compensation you deserve.

What counts as an accident at work in Ireland?

There is no legal definition of an accident, reflecting the fact that accidents can happen in many different ways, for example: Dangerous working practices Poor or non-existent workplace risk assessments Limited or non-existent personal protective equipment (PPE) A spillage that could have been prevented An employer failing to provide proper training on how to carry out duties. A fall from height Poorly maintained equipment Lack of adequate training The defining feature of a workplace accident is that it will normally be the result of an employer either doing something, or failing to do something, that should have been avoided, causing someone to be injured as a result.

How does the law treat employers?

The main piece of legislation that outlines how the law expects employers to treat their employees is the Safety, Health and Welfare at Work Act, 2005. It imposes a duty on employers to cater for employees safety, health and welfare at work so far as is reasonably practicable. It goes on to state that in order to protect employees from injury or ill health at work, employers must take certain steps. These include: Providing instruction and training to employees on health and safety; Giving employees protective clothing and equipment; Taking steps to prevent any behaviour that could put employees safety at risk; Putting employees in a safe environment that allows them to carry out their duties It is very important to note that your employer’s responsibility to protect you from harm at work is wide-ranging. If you develop an illness as a result of your activities at work, and had not been adequately shielded from such a risk, your employer may have breached their obligations towards you. Furthermore, if your employer becomes aware that you are vulnerable at a certain point in time, and does not take extra measures to address your increased risk of injury, they may also have failed in their obligations.

How does the law treat employees?

As an employee, you owe a duty to your employer to take reasonable care for your own safety, and to follow the necessary procedures that your employer has put in place. Under the 2005 Act, you must, amongst other things: Report any problems with equipment that you think could become, or are, dangerous; Take reasonable care to protect your own health and safety, and that of your colleagues; Not do anything that will cause you to be a danger to yourself or anyone else.

How can an employee bring legal action?

If an employee suffers an injury at work because their employer failed to observe their responsibilities for employee safety, they may decide to take legal action. The steps involved depend on whether or not the employer disputes their liability for the employees injury. In the first instance, the employee must apply to Injuries Board, an independent statutory body that will assess the claim for compensation. Where the employer agrees that it was legally responsible for the accident, the Board will issue an order for the employer to make payment of financial compensation. If, however, the employer disputes responsibility for the injury, or either the employee or employer disagree with the Board’s award for compensation, the Board will release the matter and you can bring court proceedings. If the matter is to be referred to the courts, it is important to be aware of the following: A claim must be raised within 2 years of the date of the accident The courts enforce a time limit on claims for compensation arising from accidents at work rigorously. If the claim falls out with this deadline, the employee may have lost the opportunity to seek financial compensation. The employee will need to convince the court that your employer was negligent towards you There will only be proof that an employer was negligent towards employees where there is evidence that: They owed a duty of care to protect employees safety – in most cases this will be easily established by virtue of an employment contract and the relevant legislation; They breached their duty of care towards the employee — in practice, this requires evidence that the employer did something, or failed to do something. This will normally be evidenced by expert witness testimony; The employers breach of their duty of care caused the employee to be injured this is the most important criterion in the test for negligence: the breach of an employer’s responsibility to the employee must be the cause of the accident. The court will determine the appropriate financial compensation. If a court is satisfied that the employer has been negligent, it will consider the sum that the employee seeks in financial compensation. It is for the court however to determine how much the final award should be. Furthermore, any evidence that the employee contributed to their own injury, i.e. not following the correct procedures or exposing themselves to real danger, may result in a reduction in the award they ultimately receive.

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At Sherwin O’ Riordan Solicitors, we understand the profound impact that a workplace accident can have on your life. If you have had an accident at work, you may be entitled to an accidents at work claim. It’s possible that your employer or another worker has been negligent or has not met the standards required by Health and Safety laws and you may be able to claim against their employers’ liability insurance.

Fortunately, our team of expert solicitors is here to help you navigate the complexities of an accident at work claim. With our deep commitment to securing justice and fair compensation, you can focus on your recovery while we handle the legal intricacies. Trust us to stand by your side every step of the way and pursue the compensation you deserve.

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What is an Accident at Work Claim*?

An accident at work claim is a legal process initiated by an employee who has suffered an injury or illness as a result of a workplace incident.

Typically, this type of claim seeks compensation for injuries sustained due to accidents such as slips, trips, falls, equipment malfunctions, or exposure to hazardous substances.

Moreover, the compensation can cover various aspects, including medical expenses, lost wages, rehabilitation costs, and pain and suffering. Importantly, filing an accident at work claim holds employers accountable for maintaining a safe working environment and ensures that injured employees receive the support they need to recover.

What to Do After an Accident at Work

Seek Medical Attention:
- Immediately, get medical help for any injuries, even if they seem minor.
Report the Incident:
- Next, inform your employer about the accident and ensure it’s recorded in the workplace accident record book or ask for an accident form. It doesn’t matter how small you think the accident may be. This can be used if required as a reference in any medical examination.
Gather Evidence:
- Collect evidence from the accident scene, including photos, witness contact information, and details of how the incident occurred.
Keep Records:
- Additionally, maintain records of all medical treatments, expenses, and any communication with your employer regarding the accident.

Speak to one of our Accident at Work Claims* Solicitors:

- If you’re considering pursuing an accident at work claim, speak with one of our solicitors as soon as you can. Our team will guide you through the steps of the claims process, assist you in submitting your application to The Personal Injuries Board, and navigate each step of the legal process with you and help secure the compensation you deserve.

Accident at Work Claims Limitation Period

Standard Time Limit:
- In Ireland, the standard time limit for filing an accident at work claim is two years from the date of the accident.
Discovery Rule:
- However, if the injury was not immediately apparent, the two-year period may begin from the date you became aware of the injury.
Exceptions:
- Additionally, there are exceptions for minors or individuals with disabilities, where the time limit may be extended.
Importance of Timely Action:
- Therefore, it’s crucial to act promptly and seek legal advice to ensure your claim is filed within the applicable time frame.

Speak with a Solicitor Today – Call 01 663 2000

Common Types of Workplace Accidents:

Slips, Trips, and Falls:
- Frequently, these occur due to wet or uneven surfaces, poor lighting, or obstacles in walkways.
Manual Handling Injuries:
- Often, these involve lifting, carrying, pushing, or pulling heavy objects incorrectly, leading to back or musculoskeletal injuries.
Falls from Heights:
- Typically, these involve accidents on ladders, scaffolding, or roofs, especially in construction and maintenance jobs.
Being Struck by Moving Objects:
- This includes incidents where employees are hit by vehicles, machinery, or falling objects in the workplace.
Repetitive Strain Injuries (RSI):
- Common among office workers who perform repetitive tasks like typing without ergonomic support.
Exposure to Harmful Substances:
- Occurs when employees come into contact with hazardous chemicals or materials without proper protection.
Machinery Accidents:
- Involves injuries from using heavy machinery, often due to lack of training or safety measures.

Accidents at Work Claims*

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Accidents at Work Claims*

Accidents at Work Claims* Dublin, Wicklow, Kildare & Nationwide

Expert Personal Injury Solicitors

Speak with a Solicitor Today – Call 01 663 2000

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What is an Accident at Work Claim*?

What to Do After an Accident at Work

Accident at Work Claims Limitation Period

Speak with a Solicitor Today – Call 01 663 2000

Common Types of Workplace Accidents:

Accidents at Work Claims*

Why Choose Sherwin O’ Riordan?

Speak to one of our Accidents at Work Solicitors today –

Ph: 01 663 2000

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Frequently Asked Questions; Workplace Accidents

What is an Accident at Work Claim?

What to Do After an Accident at Work?

What is the Time Limit for Filing an Accident at Work Claim?

What Types of Workplace Accidents are Common in Ireland?

How Long Does the Accident at Work Claims Process Take?

What Compensation Can I Claim for in an Accident at Work Claim?

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James Sherwin – Managing Partner

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