If you suffer an accident or injury in your workplace as a result of someone else’s negligence, you may be considering your options and wondering whether you are entitled to compensation for Personal injury.
Over one thousand workplace injury claims are brought before the Personal Injuries Assessment Board in Ireland every year.
If your employer breaches their duty of care and is responsible for you suffering an injury, you may have the basis for an accident at work claim.
At Hughes & Associates Personal injury Solicitors, our Dublin team are hugely experienced in litigation surrounding workplace injury claims.
Get in touch today for expert guidance on your situation, and advice on whether to pursue compensation for your accident at work.
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What is a Workplace Injury Claim?
Irish employers are responsible for creating a safe workplace, a safe system of work and a staff that carries an appropriate level of training and professionalism.
If management fail to adhere to any of these principles, and you suffer an accident or injury as a direct result of your employer’s negligence, you may have the basis for a workplace injury claim.
In Ireland, the law around personal injuries states that you must prove two things in order to establish liability:
If your own actions are shown to have contributed to your accident, it may be more difficult for you to successfully claim compensation.
A broad array of accidents can result in workplace injury claims, and if you are unsure of the validity of your compensation claim, feel free to contact a personal injury solicitor at Hughes & Associates for advice on your situation.
Common Workplace Injury Claims
There is no exhaustive list of potential accidents and injuries that can take place in a work environment, but below are some of the workplace injury claims that can and do arise in Irish law:
Safety, Health and Welfare at Work Act 2005
Irish employers are beholden to the Safety, Health and Welfare at Work Act 2005, which holds them responsible for creating a safe work environment for their employees.
As well as ensuring a safe workplace, safe system of work and appropriately trained staff, the act requires employers to provide appropriate equipment for their staff.
How Long Do I Have to Claim for an Accident at Work?
The statute of limitations in Ireland is two years, meaning that is the amount of time you will have to make a compensation claim following an accident.
Your two-year period begins on the “date of knowledge” to make a claim, which is the day you become aware of the injury you have suffered.
With some workplace injuries, the impact is longer term – these are known as cumulative injuries and examples include hearing loss and carpel tunnel syndrome.
For cumulative injuries, the two-year time period begins on the date your injury is considered significant.
What Can I Claim for Workplace Injury Compensation?
If it is proven that your employer was not prudent and reasonable in their actions, and you suffered a personal injury as a result, you will likely be entitled to compensation.
In Ireland, you are entitled to three days of statutory sick pay a year worth 70% of your wage, up to a maximum of €110 per day.
The Personal Injuries Assessment Board (PIAB) will review your application for personal injury compensation, and come up with a compensation fee that they deem to be fair.
This is based on things like your age, the severity of the injury you have suffered and the amount of time it forces you to be out of work.
You can file a claim for two types of compensation:
Can I Lose My Job for Making a Workplace Injury Claim Against My Employer?
Irish law states very clearly that you cannot lose your job for filing a workplace injury claim against your employer.
Any reasonable legal action you take against your employer is protected by job security legislation.
Will I Have to Go to Court for My Workplace Injury Claim?
In Ireland, roughly 3% of personal injury claims end up going to trial, with the vast majority settled outside of court.
The odds of you having to go to court for your workplace injury claim are very low, but our team at Hughes & Associates Solicitors will approach your case with the preparation and detail necessary for Irish courts should it end up going to trial.
What Steps Should I Take Following a Workplace Injury?
In the event of an accident or injury in the workplace, you may want to follow the following steps in order to best look after your own health and, later on, build a strong case for compensation.
- 1
Seek medical attention – Assess your condition and take appropriate action. In the event of a significant injury, do not hesitate to contact an ambulance.
- 2
File an accident report – Ensure an incident report is logged at your workplace. If accident reports are not available, alert your employer of the situation and document the event yourself.
- 3
Make note of witnesses – Obtain contact details of any relevant witnesses who may be able to add testimony and credibility to your case.
- 4
Document the incident further – Take photographs of the impact of the accident at the time of the event and in the following days. If any CCTV footage of the incident exists, try to source it.
- 5
Keep a diary and record any loss of potential earnings – Keep records of any expenses you incur in the aftermath of your injury. A loss of income can be compensated at a later date if your claim ends up being successful.
- 6
Seek legal guidance from an experienced personal injury solicitor – Get in touch with our Dublin office at Hughes & Associates Solicitors for guidance on your case.
Make a Workplace Injury Claim Today
At Hughes & Associates Solicitors, we are always on hand to provide friendly and insightful guidance in cases of personal injury.
Our team is vastly experienced and adept at dealing with any Irish legal cases involving workplace injury claims.