Workplace Accident Claims – Injury Compensation
If your employer fails to provide a safe working environment or neglects their legal responsibilities regarding safety systems or equipment, and you are injured as a result, you may have a valid claim. It’s important to know your rights and options. If you want to start an accident-at-work compensation claim, contact us today. We are here to help.
Your Employer’s Duty of Care
It is an employers duty to protect staff and inform them about health and safety procedures. Employers must carry out regular risk assessments in the work place inside and out. They must ensure the health and safety of employees and visitors. This includes providing first aid equipment and facilities. Employees must also take reasonable care over their own health and safety. A work accident usually involves faulty equipment or substandard conditions of a premises or working environment. These kind of incidents ideally should be avoided or prevented. It’s a legal obligation for all employers to have a duty of care to ensure that work premises and work policies are managed and carried out safely. Common places work injuries occur include: office environments, building sites, restaurants, shops, warehouses, factories or driving for work.
Am I entitled to be paid if I was injured at work?
Reporting the Accident
Employers have a legal responsibility to report certain accidents and incidents, and in some instances pay the employee statutory sick pay or contractual sick pay and give them time off because of the work related accident. If you’ve been involved in a work related accident it’s a good idea to make sure the accident has been reported too. Your employer must report any injury that prevents an employee from doing their normal work for more than three days.
At Synnott Lawline ourteam of dedicated, experienced solicitors specialise in helping people to bring a claim for injuries and illnesses that have happened at work. We endeavour to make sure you get the best legal advice possible and given access to the appropriate support services to recover from your injuries or ill-health. We aim to give you good, solid advice in plain English throughout your claim, so you will always know what’s happening. Talk to us today, we will help you start your claim
5 Tips – What to do if you’ve had an injury in a work environment
However apprehensive you may feel, the first thing to do if you have sustained any injury in your work place, is to notify your management team / employer of the incident. Ensure you report where and how the accident occurred with as much detail and accuracy as possible.
If you’ve had any type of injury in work, seek medical attention as soon as possible to ensure your injuries are dealt with. Keep an accurate record of all medical receipts and reports. Primarily with the first GP / Hospital visit make sure you provide as much detail about the accident and how it occurred. These medical records are often requested by defendants while the case is ongoing.
Where possible keep a diary of events from the date of accident and any related sequence of events. This diary may include dates and expenses for GP / Doctor visits due to the injuries sustained from the accident. Also keep a record of any other expenses such as loss of income or travel expenses.
Keep photos of scene of accident and / or your injuries sustained. Maintain contact details of any witnesses or co-workers who were present or involved in the accident. Your solicitor may need to contact parties present or involved at a later stage as defence often request this.
In some instances an employer will give the employee time off work to recover and pay the statutory sick pay or contractual sick pay.
FAQS – Claiming for accidents in the workplace
What is my employers legal responsibility?
It is the legal responsibility of your employer to also report your accident, be it mild or severe. An injury that prevents an employee from doing their normal work for more than three days must be reported. You are entitled to receive a copy of this report for your own records. Ensure this is a fair and true record of accident details.
Construction sector accident claims
By its very nature, building and construction sites are a high risk industry to work in. Health and Safety (HSA) regulates this sector, and so companies are legally bound to provide safe and secure working environments inside and out, and for machinery and vehicles too. However, if these safety measures are neglected, it can lead to serious and even life-changing accidents.
Office workplace accidents
The office working environment can also be a dangerous place. Accidents occur due to slippery surfaces, poor working environments, faulty electrics, insufficient training or poorly set up work stations. Common office-based accidents are slips, trips and falls, repetitive strain injuries, as well as eye strain, migraines and more.
What is considered an unsafe working condition?
According to HSA (Health and Safety Authority) statistics, in Ireland, the main incidents of work-place injuries (non fatal) occur in manual handling, trips, slips and falls. The industry sectors with the most hazardous work environments and highest injury rate includes: Construction, Agriculture and Fishing.
Annually, over 7500 injuries are reported to the HSA. Approximately 95% of these injuries, occur in the work place. And from this, manual handling-related injuries account for roughly 30% of the injuries (non fatal). Workers also reported sustaining injuries from aggression, fright, shock and violence.
How much compensation will I get for my workplace injury?
The amount you will be entitled to will depend on:
- The seriousness of the injury
- Short or long term effects from the injury
- Loss of earnings
- Loss of potential earnings
What are the Health and Safety Regulations in a workplace?
Preventing back injuries is a major workplace safety challenge. Employers are required by law to adhere to strict Health and Safety regulations. It is their duty to provide a safe working environment for all staff members in all areas of the work place inside and outside. No 100% solution has been found for totally eliminating back injuries caused in the work place although it is felt that a portion can be prevented by effective control programs.
Work related spinal injuries can be caused by lifting, placing, carrying and holding manual materials. An accident which results in a temporary or permanent back injury can also be the result of an unsafe environment or substandard machinery or tools. If you have suffered or are suffering from a back or spinal injury due to a work related accident you may be entitled to pursue a personal injury claim.
Get the support of your solicitor to take care of your case
By instructing your solicitor to make your claim on your behalf, the potential for confrontation is reduced which thus enables both parties to get on with their lives while a personal injury case is pending and ensuring the best result for you. If you’ve been the victim of a back injury, contact us now to get your Workplace Accident Claim started. Our specialised solicitors will assist you with any legal issues and queries you may have in relation to your Back injury claim.
How long do I have to start my claim?
You have two years from the date of your accident within which to make a claim after which time your case will become statute barred. If you have any legal questions or wish to start your claim, please do not hesitate to contact our dedicated and experienced team of solicitors who will be more than happy to talk you through the whole process and answer any questions that you may have.
Contact us 7 days a week.
Phone: 01 453 7890
Email: info@lawline.ie
Work related accidents that an employer must report
What type of workplace accident can I claim For?
There are a large number of different workplace accidents you could be involved in, ranging from minor to catastrophic and sometimes fatal. Workplace industry sectors and environments where accidents commonly occur include the following but is not exclusive to:
Road Traffic Accidents
If you were injured in a road accident due to another party’s fault, you may be eligible for compensation. Our legal team will guide you through the claims process.
Personal Injury Accidents
Injury claims involving accidents in public places, leisure centres, and workplaces are common. We will assist you in determining who is legally responsible and secure the compensation you deserve.
Accidents at Work
Common workplace accidents arise from heavy lifting, carrying, slipping, tripping, falling objects, tools, machinery or repetitive tasks. Employers have a duty to provide a safe work environment. If your injuries were caused in work you may be eligible to seek compensation.
What you need to know about General and Special Damages
What are General Damages?
General Damages in Personal Injury Cases for example; a Traffic Accident, are in place to compensate you for the impact the injury has and will have on your life. This includes pain and suffering mild or severe sustained from the injury. This pain can be physical but also physiological. Read more on Post Traumatic Stress Claims. The amount awarded will also be based on the impact of your injuries on your daily life such as short term or a permanent disability or disfigurement. A further consideration for the compensation end figure includes what areas of the body were temporarily or permanently affected.
What are Special Damages?
Special Damages consist of your out of pocket expenses such as Loss of earnings, Medical Expenses, Travelling expenses, Care hire etc.
How to know if I have an Injury Claim
Before accepting your instructions, we will have discussed your case with you and will have advised you of the strengths and weaknesses (if any) of your case. In many cases, it is very clear from the outset that an injured party will succeed in being fully compensated, for example, where the injury results from a motor accident when the client is a passenger, to give but one example. In some cases, the courts apportion liability, i.e. they rule in favour of the Plaintiff but make a deduction from the full value of the case on the basis of the Plaintiff’s “contributory negligence.”
What if I was partly to Blame for the Accident?
It is important to note that many valid claims are never brought because an injured party feels the accident was his own fault, whereas the primary cause of the accident may well rest with some other party, and the injured party’s own carelessness may only have been a contributing factor. In such cases the courts may apportion Liability. It is therefore always advisable to consult a solicitor concerning any injury resulting from an accident.
How long does it take to get paid after the Settlement?
Following a settlement or a Court Award, it typically takes about 4 weeks for payment to issue from the major Insurance companies. Local Authorities can take longer, usually about 4 – 8 weeks.
Who pays out the Compensation Award?
A compensation figure is firstly offered by the defendants Insurance Company. Insurance Companies will often make a low value offer to your solicitor. It’s always the objective of the Insurance company to pay out less money. In Most cases your solicitor will reject this offer when the defendant appears to be liable.
Defendants and their insurance companies will want to avoid the expense of Going to Court.
Once the insurance company realises the defendants liability position, an appropriate settlement offer will be made. If the case is complicated, this can cause delays.
Once an insurance company has admitted liability on behalf of the defendant and agreed to process the claim, this moves quickly. Typically, the claimant will receive their compensation payment (from initial offer to agreed offer) within a few weeks.
What is a Personal Injury Claim?
A personal injury is defined as either a physical injury, disease or illness, or a psychological injury / condition that has been caused by someone else.
If you were injured in an accident due to no fault or your own, Irish law entitles you to claim General Damages compensation for your injuries sustained, Loss of Income, Future Care and possibly other Special Damages. Our personal injury solicitors deal with a wide range of minor to catastrophic and life changing injuries. So, If you have suffered a personal injury and want to make a claim for an accident, contact our team today by phone: Click to call 014537890, email: info@lawline.ie or Tell us about your case.
Got a question about Starting a Claim for Personal Injury or Medical Negligence? Send us a message!
If you’ve suffered a personal injury through no fault of your own, the path to fair compensation can be daunting. Our experienced solicitors have successfully represented clients across Ireland, offering compassionate, expert advice. Contact us confidentially any day of the week by call, email, text, or contact form, and a solicitor will respond. We’re here to help 7 days a week.
Talk to a Solicitor today
Contact us 7 days a week by phone, email or fill out the tell us about your case form and a solicitor will contact you without delay. We are Here to Help.
No Win No Fee Explained
No Win No Fee – The legal term used to describe how solicitors take on a case where they pay the costs of the litigation. Irish Law Firms who operate on this basis pay for the medical reports, expert fees and other legal costs associated with your injury case. It’s common for specialised personal injury firms to operate on a “no win no fee” basis. Solicitors are not allowed to advertise no win no fee services.
Start your injury case
If you’ve suffered injury, loss, damage or expense as a result of another party’s negligent act or omission, you may be entitled to claim from that party or their insurers. Starting a case with our legal team is a seamless process. Subject to strict exceptions, you have two years from the date of your accident to commence legal proceedings. A different claims policy applies to children under 18.
What can I claim for?
Personal Injury Claim amounts are difficult to value at the outset of any case, but the value of your case in terms of General Damages will depend on the severity of the injury, the pain, suffering and inconvenience caused by the length of time to recover and the prognosis for the future. In addition, you are entitled to claim for all financial losses and expenses sustained by you as a result of the accident.
