People spend a huge portion of their life working; around 10 years of their lifetime according to some statisticians. In the last 60 years society has seen huge improvements in safety and awareness at the workplace and in Ireland employers adhere to the Irish and European Health & Safety regulations.
The duties of employers towards their employees in relation to accidents in the workplace have been extended by legislation and are contained in The Safety, Health and Welfare at Work Act 2005 and also The Safety, Health and Welfare at Work (General Application) Regulations 2007. Section 8 of the Act provides that the employer has a duty to ensure the employees’ safety, health and welfare at work (as far as is reasonably practicable).
Work-Place Injury Compensation Claim
Some common Work-Place Injury Claims
A Work-place injury is any injury that can be suffered by an employee in any location or environment if it occurs during the employee’s work duties. It can be physical, psychological and can be caused also from repetitive strain and stress. Work-place injuries can also be referred to as work-place accidents or occupational accidents.
Our team at Coleman Legal have vast experience in representing our clients pursuing work-place injury claims.
1) Building-Site Accident Claims
2) Warehouse Accident Claims
3) Agency Worker Injury Claims
4) Retail Staff Injury Claims
5) Industrial Accident Claims
6) Electricians Injured at Work
7) Roofer Injury
8) Waiter & Waitress Accident
9) Farm Accident Claims
Employer Liability / Employer Responsibility
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 Injuriesboard.ie before starting legal proceedings.
According to statistics made available by the Injuries Board, awards in the ‘Employer’s Liability’ category were highest at €28,886 reflecting the often more serious and complex nature of the injuries sustained in such accidents. Roughly 8% of the claims they received related to employers liability.
Employers must ensure the minimum health and safety standards in order to prevent (as much as possible) their employees being injured due to an accident at work.
Under the Safety, Health and Welfare at Work Act, 2005, employers have a duty to ensure their employees safety, health and welfare at work as far as is reasonably practicable.
In order 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 use of any article or substance and from exposure to physical agents, noise and vibration
- Prevent any improper conduct or behavior 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
How do I make a claim against my employer for a work injury or accident at work ?
Many employees feel reluctant to make a compensation claim against their employer as they may feel that they will be subject to victimisation or their employment will be terminated. However, your employer has a duty of care to all employees to ensure that your workplace and any machinery or equipment that you use during your employment are safe, and that you have had adequate training. Therefore, if you have had an accident at work which was not your fault and you have sustained injury and/or pain and suffering, you are entitled to compensation. This applies if your injury or accident was caused by one of your co-workers during work.
1) Prepare information for your Solicitor
When you decide that you would like to pursue a Personal Injury claim for your work-place accident, you can gather the information below for your Solicitor:
- On what date did the accident occur?
- Where did the accident occur?
- Details of who/what caused the accident
- Specifics of what happened
- Did you report the accident to anyone? If so, who did you report the accident to?
- Is there CCTV that may have captured the accident?
- Are there any witnesses that may have seen the accident? If there were witnesses to the accident, ask them to prepare a witness statement for you as soon as possible after the accident
- Details of your injuries
- Details of hospital or GP attended
- Any pictures you may have taken of the scene of the accident and/or your injuries.
2) Solicitor obtains a Medical Report
Once your Solicitor meets with you in the initial consultation, he/she will ask for your hospital or doctor’s details so he/she can obtain a report on your injuries. Your medical report is one of the most important documents in your work-place accident case.
If you are required to visit the doctor several times, your solicitor may obtain more than one medical report as your case progresses.
3) Solicitor submits the Injuries Board application
After gathering all the relevant documents of the work-place accident account and medical reports, your Solicitor will then submit your work-place accident claim to the Personal Injuries Assessment Board for assessment.
Once the Personal Injuries Board assess your claim, your Solicitor will let you know the financial Assessment sum awarded to you. You will then have the choice to accept or reject the Injuries Board assessment. Your Solicitor will advise you in relation to the Award amount.
If both you and your employer accept the Injuries Board assessment: then your case is completed, and the Award payment will be paid to you shortly thereafter.
If either you or your employer reject the Injuries Board assessment: then the Injuries Board will issue an authorisation which will enable your Solicitor to issue formal legal Court Proceedings.
It is important to note that most cases do not make it to a Courtroom. Settlement meetings can be arranged to negotiate potential settlement of your claim. Most cases are settled at some point during the Proceedings stage thus avoiding going to Court Trial.
Your Solicitor will advise you throughout the entire process, ensuring your best interests are met, and that you get the best settlement or Court Award possible that is fair in the entirety of the circumstances.
Frequently Asked Questions
Compensation Claims for Work Injuries or Accidents at Work
Compensation can be claimed for includes ‘pain and suffering’ for both the initial injury and for ongoing disability, together with compensation for any impediment or disadvantage, caused by your work injury or accident at work, which may prevent you obtaining further employment due to a permanent injury. In addition actual financial losses caused as a result of an accident at work can also be claimed including;
- Loss of earnings
- Prescription charges and medical fees
- Travelling expenses
- Cost of care and assistance
- Adapted accommodation
- Costs of assistance for household chores
- Other losses
What is Employers Liability Insurance?
Employers Liability Insurance provides cover in case an employee is injured or killed at work or develops an illness associated from their job. For instance, if an employee is injured in your warehouse and your business is found to be negligent, Employers Liability would protect your business. The standard level of cover is €13 million, again this figure can be increased if required.
The definition of an employee within insurance typically covers any individual that is hired under a contract or apprenticeship scheme once this work falls within the business description.
Is my Employer Covered with Insurance ?
An employer is legally required to provide yo with a safe place of work and a safe system of work. Historically agency workers were treated in an entirely different manner to those workers who were hired directly into the workforce. Whilst the employment agency is the employer, the company is also respomsoble for breaches of the Safety, Health and Welfare at Work Act, 2005.
Your right to being protected under Health and Safety Regulations are the responsibility of both the company company where you are doing the temporary work and the agency.
Work Place Injury Compensation Claim
Our dedicated team has collective experience of over 100 years in workplace accidents and we are ready to advise and assist you with your claim. If you have experienced an accident in the workplace and you have questions about it, please fill-out this ‘Free Case Evaluation Form‘ and one of our experience Solicitor at Coleman Legal will contact you.
84 Talbot Street, Dublin 1
1800 844 104