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

Accidents in the Workplace Claim

Suffering an injury at work can be a life-altering experience, impacting your health, livelihood, and well-being. Employers in Ireland are legally obligated to provide a safe working environment. If you’ve been injured due to workplace negligence—be it from inadequate training, faulty equipment, or unsafe conditions—you may be entitled to compensation. Our experienced team is here to guide you through the claims process with confidentiality and care. For a confidential consultation, please call us at 1800-844-104 for free or email [email protected].

Seeking compensation for accidents in the workplace

Experiencing an injury at work can turn your world upside down. It doesn’t just affect your health; it can impact your finances and overall well-being. In Ireland, employers are legally required to ensure a safe working environment, following national and European health and safety regulations. Unfortunately, when these obligations are overlooked, it can lead to serious accidents that result in life-altering injuries, long-term medical care, and lost income. If your accident at work was due to your employer’s negligence—unsafe conditions, insufficient training, or a lack of necessary protective equipment—you might be entitled to compensation. This support can help you with medical bills, lost wages, rehabilitation costs, and the emotional toll of your injury.

At Coleman Legal LLP, we genuinely care about your challenges. Our experienced workplace injury team is here to help people like you navigate the complexities of securing the compensation you rightfully deserve. We take care of the legal details so you can focus on what’s most important: your recovery. Please call our helpline at (Free Phone) 1800-844-104 or complete our online enquiry form.

Liability for accidents at work

1. Understanding liability in workplace injury cases

Liability must be determined after establishing that a physical or psychological injury has been sustained at or from work. Liability refers to the state of being responsible for something. Injuries at work do not always have to result from direct or indirect action from the employer. They can also be sustained through an unsafe working environment, which would be a breach of duty by the employer under the Safety, Health and Welfare at Work Act 2005.

2. Establishing negligence for a successful claim

For a personal injury claim to be successful, the injury must result from the negligence of someone with a duty of care to the injured party.

3. Employer safety law violations

A breach of the Safety, Health, and Welfare at Work Act 2005 can encompass various failures by the employer, such as:

1. Inadequate safe workplace, machinery, and equipment provision or maintenance.
2. Insufficient prevention of risks could harm the employee’s health, including exposure to physical agents, loud noises, vibration, and unsafe use of articles or substances.
3. Failure to prevent improper conduct or behaviour that could harm employees, such as bullying and sexual harassment.
4. Inadequate training and instruction for employees to perform their jobs safely.
5. Failure to provide necessary personal protective equipment to employees.

4. Employer negligence & liability

The Safety, Health and Welfare at Work Act 2005 strictly provides guidelines for protecting employees. In all of the cases above, there is a lack of reasonably practicable care for the employee’s health, safety and welfare from the employer’s end. The liability falls on the employer if the negligent employer fails to take necessary precautions to prevent employees from injury.

5. Contributory negligence & shared liability

If the employee has partially contributed to the risk of their injury, it is known as Contributory Negligence, and the liability will also fall on the employee. Understanding the complexities of liability in workplace injury cases is crucial. If you have been injured at work and need legal guidance, our experienced solicitors help you figure out your liability and find the appropriate compensation.

Contributory negligence

Sometimes, there can be disagreement between the employer and employee regarding who is responsible for the accident that caused the injury (when there is doubt about who is accountable). In this case, the court may decide, or the parties may ultimately agree, that both the employer and employee are liable for the employee’s injury. Hence, the principle of contributory negligence will apply.

The principle of contributory negligence

Contributory negligence is the legal principle where the injured party (employee) may have possibly contributed to their injury by acting negligently. This can include:

1. Engaging in work despite evident and known risks.
2. Misbehaving, endangering themselves or others.
3. Failing to report equipment or workplace defects that pose a risk to health and safety.
4. Working under the influence of alcohol or drugs.
5. Failure to seek appropriate medical attention within a reasonable timeframe potentially worsens the severity of the injury.

Legal advice on compensation and negligence

If you have concerns regarding whether you qualify for compensation for a work injury or may have contributed to either the cause of the accident or the severity of the injury, it is advisable to speak to a solicitor.

Common workplace injuries

• Muscle strain and tears
• Repetitive motion injuries
• Back and shoulder injuries
• Broken bones
• Lacerations
• Traumatic brain injuries, including concussions
• Spinal cord injuries
• Nerve damage
• Amputations
• Burns
• Chemical burns
• Smoke or fume inhalation

Employer responsibilities

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 Injuries Resolution 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

Claiming compensation

There are four main components to an injury compensation settlement.

1. Compensation for general pain and damages

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 the 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 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

You have two years from the accident date within which 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 limitations.

Our team

If you have experienced injury or an accident in the workplace and have questions about it, please contact 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. Contact Rose Sweeney or Philip Treacy by email or Free phone at 1800-844-104 to see how we can help you with your workplace injury or accident.

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60

Contact details

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