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.