Accidents in the Workplace *

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Every workplace accident tells a story of oversight – an unmarked wet floor, a poorly maintained machine, or insufficient training. At Tiernan & Co. Solicitors, we bring clarity to these stories, helping workers secure justice and compensation for injuries that have upended their lives. With years of expertise in personal injury law, we are your trusted advocates, handling claims with the precision and care they deserve.

Your Rights After a Workplace Accident

Under Irish law, employers are obligated to ensure a safe working environment. The Safety, Health and Welfare at Work Act 2005 outlines these duties, which include:

  • Conducting regular risk assessments to identify and eliminate hazards.
  • Providing adequate training and supervision.
  • Maintaining safe and functional equipment.
  • Implementing appropriate safety protocols.

When these responsibilities are neglected, accidents occur. If you’ve been injured in a workplace accident, Irish law provides several important rights to protect you:

The right to report the accident

Ensure the accident is documented in your employer’s accident log or incident report system. This creates an official record, which is crucial for any future claim.

The right to medical treatment

Seek medical attention immediately after the accident. Employers cannot prevent or delay you from accessing treatment.

The right to compensation

If the accident occurred due to your employer’s negligence, you can pursue compensation for medical expenses, lost earnings, and pain and suffering through a workplace injury claim.

The right to a safe workplace

Post-accident, your employer is required to investigate the incident, address hazards, and ensure the workplace is safe to prevent future injuries.

The right to legal advice

You are entitled to consult with a solicitor about your accident and potential claim without interference from your employer.

The right to protection from retaliation

Employers cannot penalise or dismiss you for reporting an accident or filing a compensation claim. Irish employment law protects workers from unfair treatment in such cases.

The right to access relevant records

Request copies of workplace records related to your accident, such as safety policies, incident reports, or risk assessments.

Common Types of Workplace Accidents

Workplace accidents can happen in any environment, from industrial sites to offices. Common scenarios include:

  • Industrial and construction accidents: Falls from heights, machinery malfunctions, or exposure to hazardous materials.
  • Healthcare worker injuries: Back strain, shoulder injuries, or repetitive strain from physically demanding tasks.
  • Office hazards: Trips over poorly maintained flooring, repetitive strain injuries, or incidents involving defective equipment.
  • Accidents in educational settings: Injuries to staff or students due to unsafe premises or insufficient safety measures.

Proving Your Claim: What You Need to Know

In Ireland, workplace accident claims require proving that your employer failed to meet their duty of care. This involves:

  • Documenting the incident: Ensure the accident is reported and logged with your employer.
  • Gathering evidence: Photos, witness statements, and medical records strengthen your case.
  • Medical assessment: A professional evaluation to confirm the extent of your injuries.

Our team at Tiernan & Co. will guide you through every stage, ensuring your claim is backed by compelling evidence.

How Compensation Works

Workplace accident claims typically include:

  • General damages: Compensation for pain, suffering, and the overall impact on your quality of life.
  • Special damages: Reimbursement for financial losses, such as medical expenses, lost earnings, and ongoing care costs.

We take a meticulous approach to calculating your claim, ensuring every aspect of your loss is accounted for.

Understanding Legal Time Limits

The Statute of Limitations generally allows two years from the date of the accident or the “date of knowledge” of your injury to file a claim. However, there are exceptions:

  • Cumulative injuries: For injuries that develop over time, the clock starts when the condition becomes “significant.”
  • Disability: The time limit may be extended for individuals who are incapacitated due to their injuries.

Acting promptly is crucial. Delaying a claim can result in lost evidence and a statute-barred case.

Addressing Employee Concerns

Many workers worry about job security when filing a claim against their employer. However, Irish law protects employees from unfair dismissal or mistreatment for pursuing compensation. Most employers have liability insurance to cover such claims, keeping the process professional and impartial.

Our Simple Claims Process

Initial consultation: Speak with our experienced team to discuss the details of your case.

  • Case assessment: We provide an honest evaluation of your claim’s strengths and potential compensation.
  • Claim submission: Our solicitors handle all paperwork, from submitting your claim to the Personal Injuries Assessment Board (PIAB) to liaising with medical professionals and insurers.
  • Resolution: Whether through negotiation or litigation, we fight tirelessly to achieve the best possible outcome.

Frequently Asked Questions

What are employers legally required to report after a workplace accident?

Under the Safety, Health and Welfare at Work (General Application) Regulations 2016, employers and self-employed individuals must report any accident that results in an employee being unable to work for more than three consecutive days (excluding the day of the accident). 

Fatal incidents must be reported immediately to the HSA or Gardaí, with a formal report submitted within five working days. Non-fatal accidents or dangerous occurrences must be reported within ten working days.

Are all workplace injuries reportable to the HSA?

No. Only fatal and non-fatal injuries are reportable under the Reporting of Accidents and Dangerous Occurrences Regulations 2016. Mental health conditions or occupational illnesses are not covered under these specific regulations but may fall under different legislation.

If my boss joked about cutting corners on safety before my accident, can their comments be used in my claim?

Yes, if you or others can corroborate those comments, they can strengthen your claim by showing a disregard for safety. Testimonies, recordings, or even related patterns of negligence can be pivotal.

Can I claim compensation for my injury even if I broke the safety rules myself?

Yes, but your compensation may be reduced due to “contributory negligence.” For instance, if you were 40% responsible, your award might be reduced by that percentage.

What if the machine that injured me was brand-new – who’s at fault: my employer or the manufacturer?

It depends. Manufacturers are liable for defects, but employers are responsible for safe installation, training, and maintenance. Both could share liability depending on the circumstances.

Is my employer still liable if I signed a health and safety training record but didn’t actually get trained?

Yes. Signing a form doesn’t excuse employers from their legal duty to provide proper training. It can even highlight negligence if your lack of training is proven.

Can I claim for the fear of returning to work after a traumatic accident?

Yes, psychological injuries like PTSD or workplace anxiety are valid claims. A mental health diagnosis and medical report are crucial to proving this.

If the company I work for shuts down, is there any point in pursuing a claim?

Yes, because employer liability insurance often remains valid even if the company closes. Your solicitor can guide you in claiming against the insurer.

Can I sue my employer if my accident happened at a staff social event or offsite retreat?

Yes, if the event was work-related and organised by your employer. Liability depends on whether the employer failed to manage risks or provide a safe environment.

What if my injury happened during my first day at work – does my inexperience strengthen my claim?

Yes. Employers owe greater care to new employees by providing adequate training, supervision, and a safe introduction to the workplace. Neglecting this duty increases their liability.

If my workplace doesn’t have CCTV, can I still prove my accident claim?

Yes. Evidence such as witness statements, photos, medical reports, and even work records can substantiate your claim. CCTV is helpful but not essential.

Can I claim for workplace stress if it caused a physical health problem, like a heart attack?

Yes, if the stress was caused by your employer’s negligence, such as unreasonable demands, harassment, or ignoring known risks. Medical evidence linking stress to your condition is needed.

Contact Tiernan & Co. Solicitors Today

Don’t let a workplace accident define your future. At Tiernan & Co. Solicitors, we are here to fight for your rights, your recovery, and your peace of mind.

Phone: 01-6622822

Email: [email protected]

Address: 144 Lower Baggot Street, Dublin 2

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TIERNAN & CO SOLICITORS IS A MEMBER OF THE DUBLIN SOLICITORS BAR ASSOCIATION AND THE LAW SOCIETY OF IRELAND

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Contact us on 01-6622822 for our expert opinion on the strength of your case. You can contact us in any of the following ways:

Address

Tiernan & Co. Solicitors
144 Lower Baggot Street, Dublin 2
Telephone: 01-6622822
Fax: 353 (01) 63 13 783
Email: [email protected]

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