Angle grinder accidents fall into the category of accidents at work and in cases where an employee is not provided with proper training or the relevant safety gear, the employer may be held liable for the accident.
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Angle grinder accidents can occur in cases where an inexperienced or untrained person is using this tool to cut/polish stone, concrete and metal. This handheld tool is powered via compressed air or via a motor and is used in many industries such as welding, farming and vehicle repairs. If used incorrectly, angle grinders can cause various injuries, ranging in severity. In some cases, these work-related accidents can lead to fatalities.
When making an accident at work claim it is important to determine who is liable for the cause of your accident and the injuries you have sustained. In many cases, it may be found to be either the employer or employee. Many workplace accidents are caused by either negligent behaviour or a breach of duty of care.
All employers have a duty of care to their employees to ensure that their health and safety is a priority throughout the course of their work. They have a responsibility to carry out frequent risk assessments in order to identify and eliminate potential hazards which could lead to an accident. They also have certain duties which should be carried out to help prevent accidents in the workplace. These duties are outlined in the Safety, Health and Welfare at Work Act 2005 and include;
A breach of these duties could potentially lead to an accident which the employer may be found liable for. In many cases, claims made following an accident at work are made against an employer for their negligence.
Workplace accidents can also be caused by employees who have failed to co-operate with the regulations in place and acted in a negligent manner. If it is found that they have failed to show a reasonable duty of care causing an accident, then they may be found liable and any claim made against their employer may be unsuccessful. Employees also have certain duties which should be complied with to ensure the health and safety of both themselves and their co-workers.
It is important to note that if it is found that you have contributed to the cause of your accident, through contributory negligence, you may affect your claim.
Some of the common injuries sustained from an angle grinder accident include:
All employees should be provided with adequate training prior to undertaking their work. This helps to prevent accidents in the workplace and make it easier for their work to be carried out correctly and in a safe manner. This can also help to prevent accidents as people will be more aware of what is expected of them. Workplace machinery that is used by an untrained employee could lead to long-term injuries.
An employer has a responsibility to ensure that their employees are provided with the correct protective equipment in order to carry out their job. This includes footwear, gloves, clothing, hats, goggles and facial masks. Failing to provide this is a common cause of accidents and injuries. This can leave employees more at risk of sustaining an injury as they do not have the added protection level that is required when using dangerous machinery and equipment.
Equipment and machinery that is used in the workplace should be maintained to a high standard at all times. Over time, as the machinery and equipment are used on a regular basis, it is likely that there will be some wear and tear. If they are not maintained it is likely to lead to an employee injury occurring. Faulty equipment could also be a potential risk as it will not work as it is supposed to. This is generally as a result of negligence caused by the manufacturer.
Safety guards should be fitted on all equipment and machinery in the workplace to avoid an accident such as fingers becoming trapped or degloving injuries. Failing to provide these guards can lead to serious injuries being sustained. It is important that these guards are checked regularly to ensure that they are not broken and still can be used for their intended purpose,
Following an accident at work, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after an accident at work, take a second to assess yourself to determine if you have any injuries and seek the relevant medical attention. If you have sustained a serious injury ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to more serious injuries in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is critical to report the accident to your superior, i.e. a supervisor or manager on site. It doesn’t matter how small you think the accident may be. By law, accidents at work are required to be reported if the person is injured and can’t perform their daily work tasks for more than three days. Make sure to fill out an Accident Report Form. This can be used for reference in any medical examination and will also prevent any similar accidents from happening in the future.
If possible, try to collect the contact details of anybody that witnessed your accident. This may be of use if you do decide to pursue a workplace accident claim. It is also useful to find out if there is any CCTV in the area where your accident happened.
It is important that you collect all the relevant information in connection with your accident:
If you are considering moving forward with a workplace accident claim for any personal injuries sustained, it is advisable that you speak with a workplace accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Personal Injuries Assessment Board (PIAB) for assessment. A workplace accident solicitor can help you in preparing your application to the Personal Injuries Assessment Board (PIAB) and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist workplace accident solicitor to help you with this.
When you decide you want to move forward with your workplace accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
Solicitors are aware of the workplace accident claim process and can avoid any legal bumps in the road you might encounter if you did this process yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so they can obtain a report on your injuries.
As soon as your solicitor has gathered all the information, your workplace accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next step.
At this point one of two scenarios will unfold:
a. If both you and your employer accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or your employer reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your workplace accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
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If you are to proceed with a workplace accident claim you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a workplace accident.
Special damages are out of pocket expenses incurred as a result of the workplace accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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