WORKPLACE ACCIDENTS

WORKPLACE INJURY ACCIDENTS

What is a Workplace Injury Claim?

Employers are obliged by law (Safety, Health, and Welfare at Work Act 2005) to provide a safe environment for their employees to work in. Where an employer fails in this requirement, resulting in injury to an employee, the employer’s negligence can result in the injured employee taking a workplace claim.

As in any personal injury claim, the plaintiff must prove to the court’s satisfaction that (a) the employer owed a duty of care to the plaintiff and (b) the employee breached that duty of care and that (c) the employee suffered injury as a result. 

A common defence by an employer would be that the plaintiff/employee was responsible for the accident himself/herself and that the employer was not in breach of their duty of care. In other cases, the employer could claim that the plaintiff/employee had contributed to the accident, resulting in injury e.g. not wearing goggles or a safety harness. 

Duty of Care

An employer’s duty of care is a statutory obligation to take all reasonably practicable steps to protect the health, safety, and welfare of employees. This includes providing training particularly in regard to machinery used in the workplace.

Initiating a Claim

First, consult your solicitor, who will advise on the strength of the claim and which jurisdiction it falls into (High Court, Circuit or District Court) depending on the seriousness of the injury.

Your solicitor will set out what documentation will be required for taking the case to court. Examples are:

·       Reporting the injury to the employer

·       What actions your employer took?

·       Medical attention: document this, the number of visits, the diagnosis of the injury

·       Take photographs of where the accident occurred.

·       If the accident was witnessed, note who and record their names.

Your solicitor will advise on whether an expert witness will be required to offer their opinion on the conditions in the workplace where the accident occurred.

Engaging a Solicitor

This is important as an employer will take more notice of a letter from a solicitor than if the employee is pursuing it alone. It might be that on receipt of the solicitor’s letter; the matter will be resolved and going to court will be avoided. But where the employer disputes the claim, the experience of a solicitor is vital in getting a legal action underway.