Useful information

• Personal Injury Claim
• Road Accident Claim
• Serious Injury Claim
• Medical Negligence Claim
• Birth Injury Claim
• PIAB Application Guide
• Statute of Limitation
• No Win No Fee Guide

Electrical Injury at Work

What is an electrical injury?

An electrical injury occurs when the body experiences a level of current that disrupts electrophysiological functions or causes tissue damage. The severity of the injury depends on factors such as the strength of the electrical field, the frequency and duration of exposure, and the type of tissue affected.

Most electrical injuries occur due to contact with commercial electrical power sources in workplaces or homes. The human body relies on small electrical signals to control nerve and muscle function. When an external electrical current interferes, it can overstimulate nerves and muscles, sometimes leading to involuntary muscle contractions. This can cause a person to be unable to release their grip from the power source, a phenomenon known as ‘not let go’.

Even in cases where there is no visible tissue damage, electrical shock survivors may experience long-term health complications. Nerve damage, chronic pain, and cognitive impairments can persist long after the initial injury. The effects on brain function may be immediate or delayed, depending on how the current travels through the body.

How Coleman Legal can help

At Coleman Lega LLP, we understand the devastating impact that electrical injuries can have on your health, career, and quality of life. Our experienced workplace injury solicitors provide comprehensive legal support, ensuring you receive the compensation you deserve. We handle every aspect of the claims process, from gathering medical evidence to negotiating fair settlements so you can focus on recovery.

Claim process for electrical injury at work in Ireland

Suffering an electrical injury at work can have severe physical and emotional consequences. Understanding the claims process in Ireland is essential to ensure you receive the compensation you deserve. Here’s a step-by-step guide:

1. Contact our solicitor

Our workplace injury solicitors specialise in assisting clients with personal injury claims, including those resulting from electrical accidents. Engaging a solicitor early ensures that all necessary documentation is accurately prepared and submitted, streamlining the process and reducing stress.

2. Application to the Injuries Resolution Board (IRB)

Formerly known as the Injuries Resolution Board (IRB), the IRB is the statutory body responsible for assessing personal injury claims in Ireland. All personal injury claims, except medical negligence cases, must be submitted to the IRB. Claims applicable to the IRB include:

• Workplace injuries
• Road traffic accidents
• Public liability incidents

3. Submitting information and documents to the IRB

Your solicitor will be able to gather all necessary evidence, including medical reports and expert testimonies, to support your claim. These documents are then submitted to the IRB for assessment. Accurate and comprehensive documentation is crucial for a favourable outcome.

4. Consent to assess the claim

Upon receiving your application, the IRB notifies the respondent (typically your employer) of the claim. The respondent has 90 days to consent to the IRB assessing the claim. If consent is given, the IRB proceeds with the assessment. If the respondent declines or fails to respond, the IRB issues an authorisation, allowing you to initiate court proceedings. Navigating the claims process can be complex, but with our experienced solicitors ‘ support, you can focus on your recovery while we handle the legalities. For a confidential consultation, please call us at 1800-844-104 or email [email protected].

An employer responsibilities

Employer liability

Employers’ responsibilities to workers have evolved over the years in the civil courts, and the employer’s duty of care to each of his employees can be reduced to five headings.

Put simply, the employer must provide:

1. Safe systems of work,
2. A safe place of work,
3. Plant and machinery that is safe to use,
4. Competent supervision and/or suitable training, and,
5. Care in the selection of fellow employees.

All claims involving accidents in the workplace (employer liability cases) must be submitted to the Personal Injuries Assessment Board before starting legal proceedings. Employers must ensure the minimum health and safety standards to prevent (as much as possible) their employees from being injured due to an accident at work. Under the Safety, Health and Welfare at Work Act, 2005, employers must ensure their employee’s safety, health, and welfare at work as reasonably practicable. To prevent workplace injuries and ill health, you are required, among other things, to

• Provide and maintain a safe workplace, machinery, and equipment
• Prevent risks from the use of any article or substance and exposure to physical agents, noise, and vibration
• Prevent any improper conduct or behaviour likely to put the safety, health, and welfare of employees at risk (“horseplay” and bullying at work come within these categories)
• Provide instruction and training to employees on health and safety
• Provide protective clothing and equipment to employees (at no cost to employees)
• Appoint a competent person as the organisation’s Safety Officer

Compensation in detail

There are four main components to an injury compensation settlement.

1. Compensation for general pain

Compensation for general damages is calculated using the recently published Personal Injuries Guidelines by the Judicial Council of Ireland. (a publication that lists a variety of injuries and assigns them a financial value depending on the severity of the injury)

2. Compensation for non-financial changes

Compensation for the non-financial changes you had to make in your life as a result of the injury – e.g., unable to complete domestic tasks, unable to participate in leisure pursuits or enjoy social events that would be a part of your normal routine, loss of amenity – such as being unable to care for your young children or elderly, or if you’re depressed due to incapacitation.

3. Compensation for any emotional trauma

Compensation for any emotional trauma that you may have been diagnosed with due to the nature of the accident, how the accident had occurred, or development while you were in recovery. These are known as psychological injuries. It typically takes time to manifest, and the consequences can be debilitating.

4. Compensation for special damages

Compensation for special damages to recover any expenses you may have incurred or may incur in the future as a result of your injury – such as loss of income, medical fees, therapy costs, pharmacy costs, using other forms of transport due to being unable to drive, and even restructuring your home if your accident has left you confined to a wheelchair. These are generally the main examples of compensation under the four main components of an injury compensation settlement.

It is advisable to speak to a solicitor to determine which type of expenses can be recovered, and it is highly recommended to keep all receipts for anything you spend (such as medical fees, pharmacy costs, transport costs, etc.) during the recovery of your injury at work. Having the receipts will smoothen the process of your solicitor negotiating the best and fairest possible settlement for you in all circumstances.

Statute of Limitations

It seems that you have two years from the accident date to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to talk about these. Learn more about the statute of limitation.

Our team

If you have experienced injury or an accident in the workplace and have questions about the incident, please get in touch with our workplace injury solicitors at Coleman Legal to find out if you have a potential legal action against your employer. Our dedicated team has over 30 years of collective experience and is ready to help you with your claim. If you want to take legal action over an injury, you should consult our accidents in the workplace solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme. Contact Rose Sweeney or Philip Treacy by email or FREE phone at 1800-844-104 to see how we can help you concerning your injury or accident in the workplace.

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details

Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegal.ie
Online Enquiry Form: Apply