Industrial Accident Compensation Claim

If you are the victim of a workplace accident that was not your fault, and you suffer an injury as a direct consequence of that accident, you can file an industrial injury claim in order to pursue compensation.

This is done to make up for any expenses you incur as a result of your injury, as well as the toll of both mental and psychological injuries.

Citizens Information offer a detailed breakdown on the law surrounding accidents in the workplace in Ireland. 

Accidents at work are legally bound by the Safety, Health and Welfare at Work Act 2005, which legislates on health and safety at work and the responsibilities of an employer in that regard. 

An industrial injury claim is a type of personal injury claim, meaning your case for compensation will be brought before the Personal Injury Assessment Board (PIAB). 

The PIAB will require you to prove two things before they decide on an appropriate fee for compensation:

If it is shown that your employer’s negligence contributed to your accident, but so too did your own actions, you may be able to pursue a contributory negligence claim. 

This is likely to produce a reduced fee for compensation, but could still prove successful.

Some workplaces pose much more of a threat than others, although an industrial accident can occur in many different settings. 

In Ireland, we often see:

The Health and Safety Authority report that, in 2023, farming poses the most dangerous environment for Irish workers, producing the highest number of workplace fatalities. 

Farm workers are often tasked with operating heavy machinery and common accidents on farms can involve being crushed or pinned beneath a vehicle or being struck by a machine object.

Construction workers are vulnerable to their environment and the machinery that dictates their labour. 

There are strict health and safety guidelines on construction sites because of the threat they pose. 

Construction industrial accident claims can revolve around cases of falling objects, unfit machinery or slips, trips and falls.

There are 5,000 workers in the Irish Sea fishing sector, and the HSA reports that they are susceptible to a disproportionately high number of workplace accidents and fatalities. 

With the operation of heavy machinery, the volatile nature of the workplace environment and the potential for vessels being lost at sea, fishing is considered to be a dangerous occupation.

Forestry is another sector that involves the use of heavy machinery and equipment which can be a catalyst for workplace accidents. 

Motor-manual forest harvesting can require workers to use chainsaws, skidders and processors, among other tools that need to be handled with caution.

All kinds of accidents can occur in work environments, and they are usually dependent on an individual’s line of work and the potentially hazardous conditions of their labour. 

In these instances, industrial accident compensation claims can be made on the grounds of employer negligence.

Some of the more common industrial accident claims are:

Falling objects can cause major injuries and are particularly dangerous in sectors like construction, where worksites can be large and heavily operational. 

Measures need to be put in place to ensure that anyone operating machinery at a height is trained and experienced in handling their situation. 

Brain injuries can arise from accidents involving falling objects, and their impact on an individual’s everyday life can be hugely significant.

Slips, trips and falls can occur in any workplace that fails to provide proper signage for wet or slippery surfaces. 

They are very common workplace accidents, and they can be the result of poor lighting, uneven floors or aging infrastructure in need of maintenance.

Ladders are a common root for workplace accidents, and they can cause neck injuries, spine injuries, back injuries and brain injuries. 

If you are operating a ladder at work, you need to ensure the ladder is fit for purpose, you are wearing appropriate work footwear and you have undergone training for the act. 

Ladder falls can happen when an individual overreaches or if the ladder is not stable and secure on the ground.

Factories and industrial workplaces often require staff to operate heavy machinery that, if not handled properly, can cause significant injuries. 

Industrial machinery can cause crushing injuries, breaks, fractures, cuts and lacerations. 

They can be caused by an employee not receiving proper training, not having the appropriate protective gear or dealing with faulty or outdated machinery.

A significant number of jobs require employees to operate a mode of transport, be it as a long haul delivery driver, a taxi driver or an emergency responder. 

If you are involved in a vehicle crash or collision because of your job, you may have grounds for an industrial accident claim.

PPE can constitute gloves, helmets, boots, overalls, eye protection and more. 

For a wide range of jobs, PPE is a required health and safety measure that aims to protect employees in the event of an accident.

If you do not have access to the correct PPE, or your PPE is not fit for purpose, you may suffer an accident and have grounds for a claim. 

Workers must also be correctly trained in how to use their protective equipment properly.

Crushing accidents often involve heavy machinery, and can cause very serious injuries depending on how severe the incident is. 

A worker can also be crushed in cases of overcrowding or by trapping their finger or arm in a closing doorway.

Attaching blame in an industrial accident means providing conclusive proof that the negligence of your employer, or another person, was a catalyst for your injury. 

It is an employer’s responsibility to provide their employees with a safe workplace to the best of their ability.

This means offering appropriate training and equipment, and deciding on guidelines that prioritise health and safety.

Under Irish law, it is illegal to fire an employee for making a reasonable claim against their employer.

Any attempt to remove you from your role off the back of your industrial accident claim would be considered an unfair dismissal.  

Employers usually have insurance for this kind of situation and they would not want to risk further legal action, and reputational damage, by considering your dismissal.

Industrial accidents can happen for many different reasons, but there are factors that can be considered common causes for accidents in the workplace, including:

Employees must receive proper training for their work duties and, if an accident occurs because they were not correctly instructed on how to perform in their role, it may be considered employer negligence.

Some of the most common hazards in work environments are slippery or wet surfaces and falling objects. 

If your employer fails to make your workplace safe, their behaviour can be labelled as negligent.

If machinery and equipment become outdated or unfit for purpose, they must be upgraded or replaced so as to avoid an accident. 

Defective machinery is a very common cause of industrial accidents and their impact can be particularly severe, including crushing accidents and cuts and lacerations.

If you are awarded compensation for your industrial accident, the amount of compensation you receive will depend on the severity of your injury and the financial burden of the event.

There are two types of damages awarded for industrial accident claims.

This covers the non-financial cost of your injury, such as the pain and suffering, both physical and mental, associated with the industrial accident.

Special damages are more traceable – they cover the expenses you incurred as a result of your workplace accident. 

This can include medical bills and a loss of earnings from any time you were forced to spend off work on account of your injury.

In Ireland, you are free to file your own industrial accident claim through the PIAB, but you may want to seek the help of a personal injury solicitor if you are not familiar with the process.

For the best chance of being awarded compensation for your injury, we recommend the following steps:

At Hughes and Associates, our team have huge experience in dealing with compensation claims around workplace accidents.

Contact us today for an assessment of your case and advice on how to move forward.