Taking your employer to court is one of those things you hope never to have to do, and thankfully, most people never even have to consider it. We all have a to-do list on our desks but ‘must take the boss to court’ surely cannot be on anyone’s?

Going to court is a last resort for us all. Unfortunately, though, having a day in court can happen, and though it is best avoided, If you are left out of pocket due to a personal injury in the workplace, it may be a necessary action. 

You may have to take your employer to court to settle a workplace injury claim*, while some employees end up in court to argue an unfair dismissal case. Others do when an employer tries their best to make the job untenable.

Solicitors have a job to do, and keeping you out of court is one of them. If the time comes and you do need to take your boss to court, you will need a solicitor to do the talking for you. 

O’Brien & Company Solicitors in Dublin can be with you when taking your employer to court.

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When can you take your employer to court?

You can take your employer to court when you have exhausted all other options for settling a dispute. If you believe you are in the right, but your employer refuses to budge, then you may have to take them to court.

Employees often take their employer to court for:

  • An unfair dismissal claim *
  • Harassment claim *
  • To settle a workplace injury claim*
  • Unfair treatment in the workplace claim *
  • Discrimination on the grounds of gender, race, and disability claim *

Your solicitor, especially a good solicitor, will advise you on how to stay out of court with your claim. They know how long and expensive a court case may last, and often, neither side comes of court proceedings happy with the final outcome. A good solicitor will step up when the time comes.

The Workplace Relations Committee, the WRC, handles complaints due to workplace practices. The WRC deals with employee-employer disputes and aims to find an agreeable resolution to keep a workplace issue out of court. You and your solicitor can make your case to the WRC against your employer.

When the WRC cannot work out an agreeable resolution, the next step is often to take a case to court.

Although few employment cases in Ireland do go to court, workplace injury claims are often the most contested and you can take your employer to court to get compensation for the injury.

What are the common workplace injury claims?

The common workplace injury claims range from the snapped ankle in a fall off a ladder to the broken ribs in a forklift accident in the warehouse. 

Your employer may not like it when you make an injury claim, but that’s not your problem. Your problem is the workplace injury and the effects of it on your life. Employers owe employees a duty of care. When they breach that duty of care, causing an injury then you could have a workplace injury claim*.

Some of the common workplace injury claims in Ireland:

Slip trip and fall injury claims in the workplace come to our solicitors in Dublin every week. 

The slip on the wet canteen floor, the trip on loose cables in the office and the fall over boxes in the warehouse can all be injury claims in the workplace.

The forklift accident claims are another common workplace injury compensation claim in Ireland.

The crushed hand in the lifting mechanism, the back injuries when the forklift jolts, and jerks or the cracked skull when it overturns in the warehouse are among the claims.

The accidents in the workplace kitchen can be caused by the burn from the gas oven, the scald when the kettle overturns, or the RSI from working without a break.

An employee workplace injury claim* can seek compensation for the effects of the injury.

Many construction site accident claims are for the cuts and bruises in a trip over rubble, the back injury in a manual lifting claim and the broken bones in a fall from scaffolding.

Construction sites can be dangerous workplaces, but the employer has a duty of care to keep them safe for all employees.

Hospital accident claims are for the back injuries from lifting patients without help on the ward, the broken leg in a fall down stairs and the cuts and bruises from accidents in public areas.

An employee workplace injury claim* can help you get compensation from your employer when injured in the hospital workplace.

Can you be fired for making a claim against an employer?

No, you cannot be fired for making a claim against your employer. They can threaten you with dismissal, and employers often do so in subtle ways, like mentioning previous cases that went nowhere, but you have a right to make your claim.

Under the Unfair Dismissals Act, your employer cannot just fire you for making a compensation claim, nor for any other cause, without a genuine reason. In most cases of making a claim, the employee is injured due to the actions, or lack of them, by the employer. You cannot be fired because you are claiming compensation for an injury at work.

Some employers might roll out the poor mouth excuse such as ‘Oh, I can’t afford to pay you’, but that is not your problem. Every business should have Employer’s Liability Insurance to cover accidents, and they should use it when you are injured.

You have rights as an employee. Your employer must acknowledge those rights and not bully you when at work.

My employer is treating me differently after making a claim, what can I do?

You can bring a separate legal case against the employer for treating you differently after making a claim. You have a right to make a claim against your employer but they have no right to make your life miserable as a result.

Workplace legislation exists to protect the employee from bullying and intimidation by their boss. They may not be happy with you making a claim but they must accept the result and move on, just like you do too.

Employers often treat employees differently after making a claim by:

  • Giving them more work to do
  • Giving them less work or fewer shifts
  • Moving the employee to work on their own
  • Putting the employee on longer shifts or unpopular shifts
  • Making their life miserable while at work

If you feel your employer is treating you differently, you could have grounds for legal proceedings. You may have to take your employer to court, but it can happen, and you should not fear doing it.

Make a workplace injury claim* today

Make a workplace injury claim* today by contacting O’Brien & Company Solicitors in Dublin.

We have the experience in workplace legislation and can fight your claim until you get the compensation you deserve. 

You should get the compensation for the leg injuries, the broken bones and soft tissue injuries after the workplace accident. If you need to go to court, we will take the claim to the courts for you.

O’Brien & Company Solicitors have the team in place to make the compensation claim and will be with you at every step of the claims process.

Contact O’Brien & Company Solicitors to make your workplace injury claim* today.