Healthcare Worker Accident at Work Claim*

Healthcare workers in Ireland face various hazards in their workplaces, increasing their risk of accidents and injuries. If a healthcare worker is injured in an accident that wasn’t their fault, they may be entitled to compensation.

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Employer’s Duty of Care

Employers have a legal duty to provide a safe working environment for their employees, including healthcare workers. This duty is enshrined in the Safety, Health and Welfare at Work Act 2005. Employers must, as far as is reasonably practicable, ensure a safe place of work, safe systems of work, competent employees, and safe equipment. This includes providing appropriate training, personal protective equipment (PPE), and minimizing dangerous practices and procedures. Failure to meet this duty of care can lead to employer liability in the event of an accident.

Common Hazards and Risks

Healthcare workers are exposed to several hazards, including:

• Workplace Violence: Healthcare professionals, especially those in emergency departments, ambulance crews, and psychiatric settings, face an increased risk of verbal abuse, threats, and physical assault. Employers must implement policies, training, and security measures to protect staff.
• Sharps Injuries: Healthcare workers are at risk of injuries from needles, scalpels, and other sharps. Employers must implement control measures to prevent or minimize these injuries, such as eliminating unnecessary use of sharps, using safer devices, and ensuring proper disposal.
• Manual Handling Injuries: Healthcare workers may suffer injuries from moving or repositioning patients or carrying heavy loads without proper equipment or training. Safe patient handling techniques and training are crucial to prevent these injuries.
• Other Risks: Other risks include exposure to infectious diseases, radiation, and dangerous materials.

Employee Responsibilities

Healthcare workers also have responsibilities to help prevent accidents, including complying with safety policies, attending training, reporting incidents, and taking care of their own safety and the safety of others.

Steps to Take After an Accident

If a healthcare worker is involved in a workplace accident, they should follow these steps:

1. Seek Medical Attention: Prioritize your health and seek immediate medical attention for any injuries.
2. Report the Accident: Report the accident to your supervisor or manager, no matter how minor it seems. Fill out an accident report form.
3. Identify Witnesses: Collect contact details of any witnesses to the accident.
4. Document the Incident: Gather all relevant information, including how the accident happened, details of witnesses, and any CCTV recordings or photos of the scene .
5. Consult an Accident at Work Solicitor at Sherwin O’ Riordan: Contact an accident at work solicitor as soon as possible to discuss your case and determine if you can make a personal injury claim.

Making a Claim*

To make a workplace accident claim, follow these steps:

1. Notification: Immediately notify the person you hold responsible (the respondent) within one month of the accident.
   • Additionally, ensure that you document this notification for your records.
2. Solicitor Prepares the IRB Application: Your solicitor will prepare the Injuries Resolution Board (IRB) application since most personal injury claims, except for medical negligence, must be submitted to the IRB.
   • Consequently, the IRB will assess the claim and determine compensation.
3. Settlement Meetings: Next, your solicitor will arrange settlement meetings, where you can negotiate a settlement.
   • Throughout this process, your solicitor will guide you every step of the way.
   • Interestingly, only a very small number of cases actually go to court.
4. Assessment and Award: If the respondent agrees, the IRB will assess the claim.
   • Afterward, both parties have 28 days to accept or reject the award.
5. Legal Proceedings: If the respondent does not agree to the IRB’s assessment or if either party rejects the assessment, you, as the claimant, will issue legal proceedings.

Time Limits

You must bring a claim within two years from the date of the accident. However, it is advisable to notify your employer within one month of the incident to ensure you meet all necessary timelines.

Compensation

If a healthcare worker sustains injuries in a workplace accident that was not their fault, they may be entitled to compensation. To pursue this, they should seek medical attention, report the accident, gather evidence, and consult with an Accident at Work solicitor at Sherwin O’ Riordan to understand their rights and the claims process.

• Moreover, compensation may include general damages for pain and suffering as well as special damages for financial losses, such as medical expenses and lost earnings.

Contact our Healthcare Accident at Work Solicitors Today  – Call 01 663 2000

Sherwin O’ Riordan LLP have extensive experience in accident at work cases and will be able to make an  initial assessment as to the strength of your claim and advise you on your chance of success with your  claim.

We have many years experience investigating accidents such as these and coming to a satisfactory settlement as quickly as possible. You will receive straightforward advice on how long it will take to conclude the case. We’ll take control of the management of your case so you can concentrate fully on your recovery.

With Sherwin O’ Riordan, you’re never just a case number, you’re a person with a story, and we’re here to make sure it’s heard.

For more information on making a personal in jury claims click here 

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.