Seeking compensation for accidents in the workplace
Experiencing an injury at work can turn your world upside down. It doesnt 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 in accordance with 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 employers negligenceunsafe conditions, insufficient training, or a lack of necessary protective equipmentyou 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.
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 result from direct or indirect action by 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:
- Inadequate safe workplace, machinery, and equipment provision or maintenance.
- Insufficient prevention of risks could harm the employees health, including exposure to physical agents, loud noises, vibration, and unsafe use of articles or substances.
- Failure to prevent improper conduct or behaviour that could harm employees, such as bullying and sexual harassment.
- Inadequate training and instruction for employees to perform their jobs safely.
- 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 employees’ health, safety, and welfare on the employer’s part.
Liability falls on the employer if it fails to take necessary precautions to prevent employee 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 can 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:
- Engaging in work despite evident and known risks.
- Misbehaving, endangering themselves or others.
- Failing to report equipment or workplace defects that pose a risk to health and safety.
- Working under the influence of alcohol or drugs.
- 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 employers duty of care to each of his employees can be reduced to five headings.
Put simply, the employer must provide:
- Safe systems of work,
- A safe place of work,
- Plant and machinery that is safe to use,
- Competent supervision and/or suitable training and,
- Care in the selection of fellow employees.
All claims involving accidents in the workplace (employer liability cases) must be submitted to the Injuries Resolution 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 employees’ 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 organisations 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.
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 youre 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 smooth 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 applies, and we would recommend you contact our solicitors to talk about these.
Learn more about the statute of limitations.
Frequently Askes Questions
What is the difference between a workplace accident claim and an employer liability claim in Ireland?
In Ireland, the terms “workplace accident claim” and “employer liability claim” are often used interchangeably, but they describe slightly different concepts.
A workplace accident claim is a broad term that refers to any personal injury claim arising from an accident at work.
An employer liability claim is a claim based on an employer’s breach of duty, whether under the Safety, Health and Welfare at Work Act 2005 or the general law of negligence.
In practice, many workplace accident claims involve allegations of employer liability.
What are the most common causes of serious workplace accidents in Ireland?
The Health and Safety Authority (HSA) identifies several common causes of serious workplace accidents, including falls from height, manual handling accidents, incidents involving moving vehicles, machinery-related accidents, and exposure to hazardous substances.
Serious workplace injuries frequently occur in sectors such as construction, agriculture, manufacturing, warehousing, and transport.
The circumstances of each accident will determine whether a personal injury claim may arise.
What should I do immediately following an accident in the workplace in Ireland?
Following a workplace accident, you should seek medical attention as soon as possible, even if the injury initially appears minor.
You should report the accident to your employer and ensure that the incident is formally recorded.
If possible, take photographs of the accident location and any hazards involved, obtain the contact details of any witnesses, and retain copies of any documentation relating to the accident.
Early legal advice can also help preserve evidence and ensure that the appropriate steps are taken from the outset.
Can I claim for psychological injury as well as physical injury after a workplace accident?
Yes. In Ireland, compensation may be available for both physical and psychological injuries arising from a workplace accident.
Psychological injuries may include conditions such as post-traumatic stress disorder (PTSD), anxiety disorders, or depression, provided there is appropriate medical evidence linking the condition to the accident.
In many cases, an expert report from a Consultant Psychiatrist will be required to assess the nature and extent of the psychological injury.
Does my workplace accident claim have to go through the Injuries Resolution Board before court proceedings?
Most workplace accident claims in Ireland must first be submitted to the Injuries Resolution Board (IRB) before court proceedings can be commenced.
The IRB is an independent statutory body that assesses personal injury claims and may resolve claims without the need for litigation.
Certain categories of claims are exempt from the IRB process and may proceed directly through the courts.
Your solicitor will advise whether your workplace accident claim must be submitted to the IRB or whether an exemption applies.
