If a person is injured during the course of employment in the last two years and it wasn’t their fault, that person may seek damages from their employer by way of personal injuries proceedings. We can tell you if you have a claim and take it from there.
If you have been injured in a workplace accident, make sure you report it as quickly as possible. Take a written note for yourself if you can of what happened. Make sure your employer records the accident in the accident book. We would advise you to go to the doctor to get checked out also, not only for your own health, but it isn’t always clear how symptoms will develop.
The Injuries Board Statistics show that during 2013, awards in the Employer’s Liability category were highest at €28,886 reflecting the often more serious and complex nature of the injuries sustained in such accidents.
We appreciate that you may feel awkward about taking legal proceedings against your employer, however, there is no need to feel this way. We will conduct your case with the utmost discretion and ensure that your working relationship is not in any way affected. Unfortunately accidents can happen, and you’re entitled to compensation.
An employee may also, as part of their personal injuries action, seek redress for breach of statutory duty if their employer has not complied with the health and safety at work legislation.
The general duties of employers in the workplace are set out in section 8 of the Safety, Health and Welfare at Work Act, 2005. This section requires that employers:
- Manage and conduct work activities in such a way as to ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.
- Manage and conduct work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health or welfare at work of his or her employees at risk.
- Ensure so far as is reasonably practicable that the design, provision and maintenances of the place of work is safe and without risk to health, that it has safe means of access and egress, and that any plant and machinery etc. do no constitute a health risk.
- Ensure so far as it is reasonably practicable, the safety and the prevention of risk to health at work of his or her employees relating to the use of any article or substance or the exposure to noise, vibration or ionising or other radiations or any other physical agent.
- Provide systems of work that are planned, organised, performed, maintained and revised as appropriate so as to be, so far as is reasonably practicable, safe and without risk to health.
- Provide and maintain facilities and arrangements for the welfare of his or her employees at work.
- Provide the information, instruction, training and supervision necessary to ensure, so far as is reasonably practicable, the safety, health, and welfare at work of his or her employees.
- Determine and implement the safety, health and welfare measures necessary for the protection of the safety, health and welfare of his or her employees when identifying hazards and carrying out a risk assessment and ensure that such measures take account of changing circumstances and general principles of prevention.
- Where risks cannot be eliminated or adequately controlled or in such circumstances as may be prescribed, provide and maintain such suitable protective clothing and equipment as is necessary to ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.