At O’Brien & Company solicitors we have extensive experience and expertise in dealing with personal injury claims for workplace injuries. Such accidents are commonplace and can occur in any work environment from office buildings to farms and factories. Employers are subject to strict legislation in this area under the Safety, Health and Welfare at Work Act 2005. Any breaches of this health and safety legislation can result in substantial fines and penalties for the party at fault.

Your employer is obligated under health and safety laws to provide you with a safe place to work, a safe system to work within, and with coworkers who are appropriately trained to work in their area of employment. For example, if a machinery operator does not have sufficient training from the employer and this causes injury to a coworker, that worker can pursue a personal injury claim to receive compensation for any injuries incurred as a result.

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They must also ensure you have the proper equipment required to perform your work. If you have an accident at work and suffer an injury as a result of this accident, you may be entitled to compensation through the PIAB (Personal Injuries Board). Of course, this is under the condition that you were not personally at fault for your injury.

It’s imperative to get in touch with a trusted legal adviser here at O’Brien & Company Solicitors as soon as possible if you feel you have an accident at work claim. Our experienced personal injury team will take time to review your case and the merits of your claim before advising whether you are entitled to compensation for your accident. Should you decide to pursue the case, we will help you to file a claim to receive the rightful compensation you deserve.

What are the main causes of accidents in the workplace?

The Health & Safety Authority (HSA) reports that manual handling, slips/trips, and falls have topped the list of workplace accidents since 2016. You’ve likely slipped at some point at work and thought nothing of it if you didn’t sustain an injury, however the outcome can be much worse if you’re not lucky. Slips are usually caused by unattended spillages on the floor and trips are frequently a result of poor housekeeping leading to disarray, e.g. that box you tripped over that was meant to be put away. These instances can be minor if you fall on level ground, however if the accident occurs from a height such as a roof or stairs, it can cause significant injury and even death.

The HSA report noted a total of 107 non-fatal accidents and an unfortunate 53 fatalities in 2020. Whilst this figure is dropping, the goal is to continue to reduce it even further with appropriate policies in place.

Slips and falls can happen at any time and can also be caused by:

Uneven floor surfaces.

Wet/slippery floors.

Changes in levels.

Unsuitable floor coverings.

Bad lighting.

Trailing cables.

Poor housekeeping.

Other common causes of accidents in the workplace in Ireland include:

Messy/disorganised work environments causing contact injuries.

Distractions.

Misinterpretation of abbreviations or numbers on the prescription.

Fatigue/overexertion.

Poor manual handling.

Stress.

Whilst the many common workplace accidents fortunately aren’t too serious, you should never be put in danger at all to begin with. If your employer has not taken all reasonable steps to prevent these accidents from occurring, you may have a case for claiming occupational injury.

Are You Eligible For Compensation?

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Can I claim for an accident at work?

If your workplace accident was not your fault, you are entitled to seek reasonable compensation for the injuries incurred. Your personal solicitor at O’Brien & Company Solicitors can discuss this with you to determine where the fault may lie and advise on the next steps.

Injured employees may also be entitled to compensation for ongoing emotional pain and suffering, lost earnings, and financial expenses such as:

Medical treatment

Rehabilitation costs

Prescription medications

Transportation and accommodation adaptations

Travel expenses

Counseling

There are legal time limits regarding how long you have to submit your claim and these can vary depending on the case. However, even if your workplace injury took place over 12 months ago it’s likely that you can still proceed with pursuing compensation. The general rule when filing for a workplace injury is that you have two years from the date the accident occurred or the date of knowledge of the accident to make your compensation claim.

How to claim for an accident at work

If you have experienced an accident in the workplace, take the following steps to ensure you can claim any compensation you may be entitled to.

  • Immediately report the accident to your employer. You should complete an accident report where possible.

  • See a medical professional as soon as possible. Ensure that the details of the visit are recorded by your treating physician or hospital. It is important to be as accurate as you can when describing how the accident took place, i.e. how it happened and all of the symptoms/injuries that you obtained as a result. This first medical review is routinely requested by the defendants in these cases so it is essential to provide a comprehensive report. Don’t delay in seeking medical treatment as this can be used by the defendants in your case to question the severity of the injury you obtained.

  • Note any loss of earnings. Although your employer is under no obligation to pay you whilst you are on leave from work, any loss of income incurred can be noted as part of your claim for compensation at a later date.

  • Keep track of expenses. The financial costs can build up quickly in the aftermath of an occupational injury. Make sure to keep track of these expenses as you go along and detail items such as travel costs, medical costs, physiotherapy costs, loss of income, etc. You may be entitled to claim these back later in the process.

  • Do not admit personal liability. The immediate aftermath of the accident can cause panic for both your and your employer and you likely won’t be thinking very clearly. At this point, your employer may pressurise you to sign documents that prevent you from bringing a case against them. It is extremely important that you do not do so, as this can make it difficult to pursue the personal injury case at a later stage.

  • Gather details of any witnesses. Witnesses can form a vital part of your case. Ensure that you take note of/obtain the contact information for anyone in your workplace who witnessed the accident as your solicitor may need to get a statement from them at a later stage.

  • Contact our expert team at O’Brien & Company solicitors to get your claim assessed. Our personal injury solicitors have a wealth of experience in the area of personal injuries litigation and the accident at work claim process. Get in touch with us for an in-depth assessment of your claim so that you can seek the compensation you are entitled to for the unnecessary pain you have experienced.

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in confidence.

O’Brien & Company Solicitors has a wealth of experience and a history of success in personal injury and medical negligence cases.

We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.