In 2015 55 people died in workplace accidents. So far this year 3 people have died. 2017 has started very badly – on the 2nd of January 2 people died in Monaghan and Wexford with the most recent being on Monday where a man in his 30s died after a workplace accident in Kerry. The man is believed to have fallen from a roof which he was working on in Lisheenbawn, close to Farranfore. He was taken to Tralee General Hospital with critical injuries but died later. Read the full story here on Journal.ie
Workplace Accidents – An Overview
Do you need to submit a personal injury claim for an accident at work? Although it may be intimidating to take a claim against your employer, if their breach of duty caused you to suffer an accident in the work place, you are entitled to compensation. We understand the process may seem daunting. At Regan Solicitors we can talk you through the step by step workplace accidents claims process and answer any questions you may have.
If you have suffered an accident at work that wasn’t your fault then you should be able to make a personal injury claim against your employer. Workplace accidents can occur in any workplace and may be due to inadequate training, the result of a trip or from carrying out a task to which you are unaccustomed.
Employers are obliged to adhere to Irish and EU Health and Safety Regulations but nonetheless accidents do happen in the workplace. In most cases your employer will have an insurance policy to cover any injury at work and any dispute will more than likely be between the injured party and the employer’s insurance company. Employees are also protected against unfair dismissal or sanctions being taken against them as a result of making a workplace accidents claim.
Safety, Health and Welfare at Work Act 2005
Employer’s duties
Under Section 8 of the Act the employer has a duty to ensure the employees’ safety, health and welfare at work as far as is reasonably practicable. In order to prevent workplace injuries and ill health the employer is required, among other things, to:
- Provide and maintain a safe workplace which uses safe plant and equipment
- Prevent risks from use of any article or substance and from exposure to physical agents, noise and vibration
- Prevent any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk
- Provide instruction and training to employees on health and safety
- Provide protective clothing and equipment to employees
- Appointing a competent person as the organisation’s Safety Officer
Employees’ duties
The duties of employees while at work are set out in Section 13 of the Act. These include the following:
- To take reasonable care to protect the health and safety of themselves and of other people in the workplace
- Not to engage in improper behaviour that will endanger themselves or others
- Not to be under the influence of drink or drugs in the workplace
- To undergo any reasonable medical or other assessment if requested to do so by the employer
- To report any defects in the place of work or equipment which might be a danger to health and safety
You can read the Act – Safety, Health and Welfare at Work Act 2005 here.
Steps To Take Following A Workplace Accident
Following your accident at work or after being injured at work, it is important you report the accident immediately. You should also seek medical assistance and seek legal advice.
It is essential to seek medical advice immediately after an accident in the workplace. A doctor will be able to identify the nature of the injury and make sure suitable treatment is received. The documentation from any consultation will also help prove the legitimacy of your accident at work claim should liability be disputed.
Your injury should also be reported to your employer, following the procedure for such incidents or it should at a minimum be reported to a superior in the workplace. You should also be sure to obtain written proof that a report has been submitted.
Finally, before beginning to pursue a personal injury claim or discuss taking a claim with anyone, you should seek advice from a solicitor. You may be under pressure from an insurance company to settle the personal injury claim as soon as possible but it is not in your interest to do so.
Speak To A Solicitor About Workplace Accident Claims
Consulting with a solicitor is the only way to guarantee the best possible outcome for your case. In order to claim you will first be required to have your claim assessed by the Injuries Board. In the event that liability is disputed or the valuation of the injury provided by the Board is unsatisfactory for either party, you will then be authorised to immediately pursue your claim in the court.
At Regan Solicitors we can offer you advice, discuss the facts of your case and take you through the personal injury claims process step by step. If you have questions on any of the above or wish to discuss a personal injury claim don’t hesitate to contact us.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement
