A
n accident at work is defined defined as an incident which occurred during the course of employment causing personal injury to you as an employee. Claims for injuries suffered due to accidents at work are processed firstly through the Injuries Board and if they are not resolved there may proceed to Court. If you were injured in the course of your employment you may be entitled to make a claim.
An employer is legally obliged to take reasonable steps to protect the safety of their employees.
For example your employer has a duty to:
- Provide a safe place of work;
- Provide a safe system of work;
- Employ competent staff;
- Provide proper equipment
In the event that you were injured during the course of your employment as a result of your employer failing in their duties, then you may be entitled to make a claim for the personal injury you sustained. The above duties are well established by the courts and quite often overlap.
Of course, as an employee you also have a duty of care to ensure that you are not engaged in any practices that could endanger your health and safety.
For further information or to arrange a consultation, please contact:
Emer Mulry
Martin Kerrigan
Accidents at Work – Frequently Asked Questions
It’s embarrassing to sue my employer, what should I do?
Employees can be reluctant to sue employers in cases where the employee wishes to continue to work with that employer. This embarrassment is understandable. Generally, in large organisations, there is not as much reluctance to sue. The general approach that employees take is that, if the personal injury is a minor one, it might not be worthwhile to sue, as this can damage the relationship. However, if the personal injury is serious (especially if it is likely to last long into the future) then the employee will sue. Usually, it is the employer’s insurance which pays an award.
If I am injured at work, can my employer sack me if I claim?
Your employer is not permitted at law to dismiss you if you make a personal injury accident claim, especially if there has been a breach of the health and safety at work regulations.
Who is to blame for an accident at work?
There is a heavy onus on employers to ensure that employees do not become injured at work. The employer is under many obligations to ensure that the work place is safe, that prudent procedures are used in work processes, that the work-station is laid out so as not to cause personal injury and that activities are monitored so as to keep risk of injury to a minimum. Therefore, it is easier than you might expect to show that an employer is liable for an Injury.
What procedure is involved in a claim for an accident at work?
All accidents at work are first pursued through the Injuries Board process. If the Injuries Board process is not successful, then you must proceed to court. Your personal injury solicitor can provide you with more information on this process.
How long will my accident claim case take?
The time that your personal injury case takes depends on a number of factors. Usually, it is best not to resolve your case until your injuries have settled down. If your injury is not very serious, it can be resolved within a short time. However, if your injuries are serious and long-lasting, then you are advised to wait some considerable time before resolving and accepting any award. Your personal injury solicitor will advise you on when it is most appropriate to settle your case.
