Injury at Work Claims for Compensation
The workplace can be a dangerous place, and despite the fact that the number of people suffering an injury in the workplace is on the decline, 81,284 people are injured at work in Ireland in 2010 according to the Health Service Authority (HSA).
If you have sustained an injury at work for which you were not entirely to blame, you could be eligible to make injury at work claims for compensation against your employer.
Employer’s Responsibilities to Prevent an Injury at Work
Your employer must make every effort to ensure that the workplace is safe, that it is free from hazards, and that any risk to employees is kept to the lowest possible level. Your employer must conduct a risk assessment and take steps to reduce any risk of injury at work to employees. This is not always possible – there are often inherent risks in a particular job, such as when operating heavy machinery – however your employer must be aware of them, provide appropriate safety equipment, ensure that staff are properly trained, and that they are capable of performing a task safely.
When an employer fails in any of these areas of his responsibility, it is considered a failure in his duty of care to you as an employee. If an injury is sustained as a direct result of this negligence, you will be eligible to make a compensation claim for an injury at work.
Procedures to Follow After an Injury at Work
If you have sustained an injury at work it is of paramount importance to ensure your injuries are treated promptly. Not only will this ensure that minimum damage is done and will maximise your chances of making a full recovery, but your medical records will be used by a solicitor as proof of injuries in a compensation claim for an injury at work. If you sustain an injury at work you must:
- Seek first aid treatment
- Visit the emergency department of the local hospital (or a GP)
- Report the accident to your employer
- Write an accident report in your employers accident book
Your employer must also notify the HSA if you have had to take more than 4 consecutive days off work.
Reasons for Making Injury at Work Claims
Work injury claims for farm accidents, construction site accidents, and industrial injuries are common in Ireland, and can be the most serious for victims. When heavy machinery must be used there is a high potential of risk to an employee. When construction and farm accidents happen the consequences can be disastrous for victims and their families. Compensation for injury at work settlements can be high, with the money vital for the victim to ensure they are not made to suffer financially due to their injuries.
Agriculture, construction and farm accidents aside, there are many injury at work claims made each year in Ireland due to work accidents and personal injuries which have been sustained in relatively safe environments such as offices, shops and supermarkets. All public places must be safe to use, and whether you are working on council maintained land or on the premises of a shop, a duty of care exists to ensure that you are not placed in harm’s way. When an employer fails in a duty of care to you as an employee and you sustain a personal injury as a result, you are entitled claim compensation for injury at work.
- Manual handling injury
- Slips, trips and falls
- Repetitive strain injury
- Injuries sustained due to a fall from a height
- Vibration white finger
- Vehicle accidents
- Farm accident injury
- Industrial cancers
- Lung disorders such as farmers lung, asbestosis and mesothelioma
- Accidents involving hazardous substances
Eligibility to Make Injury at Work Claims
To be eligible to make injury at work claims for compensation you must be able to demonstrate that you have sustained a personal injury in the workplace, that this injury was the result of negligence on the part of your employer, that there has been a failure in a duty of care to you as an employee and that a duty of care actually existed.
If your employer has taken all reasonable steps to ensure that you are kept safe at work, but you have failed to follow guidelines and have acted irresponsibly, it is unlikely that you will be able to claim compensation for injury at work. However if an accident or injury was only partly your fault, or you were free from blame, you should speak with a personal injury claims solicitor for advice. Professional legal advice is important in injury at work claims, as in Ireland an employer may be required to pay a significant portion of any compensation payment in a claim for an injury at work. It is therefore important to proceed with an injury at work claim only after you have sought legal advice on doing so.
Professional Legal Advice About Injury at Work Claims
If you have suffered an injury at work and believe you were not totally to blame, you should seek professional legal advice about making an injury at work claim against your employer. Provided that your employer has been negligent and has failed in his duty of care to you as an employee, you should be eligible to make a claim for injury at work compensation.
For professional legal advice and an assessment of an injury at work claim we invite you to call our legal claims helpline for advice and speak with a solicitor today. Alternatively please complete the call back form below and one of our work-related injury solicitors will be in touch with you at the requested time.