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It’s an unfortunate fact, but sadly, workplace aggression and violence are a reality for some people in their employment, with some occupations more at risk than others. This is where someone experiences aggressive verbal abuse, threats, or physical assault while performing their job duties.
It can involve any form of physical violence, harassment, intimidation, or disruptive behaviour occurring at the workplace, ranging from verbal abuse to physical attacks and, in extreme cases, even homicide. Anyone in the workplace, whether they are employees, clients, customers, or even visitors, can be affected.
Our team of expert personal injury solicitors are experienced in dealing with workplace violence claims and are here to attentively hear your concerns and provide straightforward legal guidance.
We will ensure you have a clear understanding of your legal position if you’ve suffered a workplace violence incident.
According to the Health and Safety Authority (2007), certain job roles have demonstrated a higher risk of workplace violence, including:
Providing care, advice, or training:
Working with people with mental disablities:
Working with drunk or addicted populations:
Carrying out enforcement or inspection duties:
Handling money and valuables:
Common violence, harassment and assault incidents primarily involve physical assaults and harassment. However claims can also be associated with psychological injuries like post traumatic stress disorder (PTSD). In terms of injuries stemming from violent, harassment and abusive incidents, the most frequent ones are soft tissue injuries, pain or discomfort, and cuts or lacerations.
Workplace harassment can have negative effects on someone’s mental and physical health. These include psychological issues like depression, burnout, reduced self-esteem, post-traumatic stress disorder, prolonged duress stress disorder, alcohol abuse, and even suicide.
There can also be physiological consequences, such as elevated blood pressure, an increased risk of coronary heart disease, and various physical health problems like muscular-skeletal disorders and sleeping issues.
However, the impact of harassment goes beyond these psychological and physiological effects. It can also result in interpersonal and familial problems, social isolation, and financial difficulties due to absenteeism from work.
Overall, the toll on individuals targeted by workplace harassment is substantial and it can have a measurable impact on someone’s personal life.
Taking legal action in the case of workplace aggression, violence or bullying can help an individual get some justice and redress to manage the emotional and physical consequences. It can be a way of coping with the ordeal and a means of taking back control of the situation.
The Safety, Health, and Welfare at Work Act, 2005, along with the Safety, Health, and Welfare at Work (General Application) Regulations 2006, mandate that employers prioritise the safety and well-being of their employees. This includes conducting risk assessments and creating a safety statement to:
Employers can significantly reduce the risk of assault by adopting a zero-tolerance policy against workplace violence. This policy should encompass all individuals, including employees, patients, clients, visitors, contractors, and anyone who may interact with company personnel.
The Employment Equality Acts in Ireland mandate that every employer must take measures to prevent discrimination and harassment within their workplace.
It’s crucial to emphasise that the Employment Equality Acts specifically target workplace discrimination and harassment. Instances of bullying that are not related to these discriminatory factors are not protected under the Employment Equality Acts.
To provide practical guidance for both employers and employees, the Code of Practice on Sexual Harassment and Harassment at Work has been established. Its primary objective is to assist in preventing incidents of sexual harassment and general harassment in the workplace. Additionally, it outlines procedures to effectively address and resolve such issues when they arise.
Under the Safety, Health, and Welfare at Work Act 2005, employers have a legal duty to ensure workplace health and safety. This includes preventing, in so far as is reasonably practicable, any improper conduct or behaviour that could endanger employee safety, health, and welfare, as specified in section 8 of the Act.
They must provide information, instruction, training and supervision necessary to ensure, so far as is reasonably practicable, the safety, health, and welfare of employees at work.
As an employee, you are also responsible for not engaging in behaviour that puts your own or your colleagues’ health, safety, and welfare at risk.
Employers are required to take reasonable precautions to prevent actions or omissions that could reasonably foreseeably harm their employees.
Negligence occurs when employers fail in their duty to reasonably protect employees, resulting in harm to the employee. If employers are deemed negligent and the employee suffers harm as a result, they could face legal consequences for the injuries sustained by the employee.
If you’ve suffered an injury as a result of another person’s actions, this constitutes a Tort, which is a civil wrong. As the injured party, you have the right to initiate legal action.
Here is some information about the personal injury claims process, and time limits for initiating legal action, if you’ve been injured due to someone else’s actions.
To pursue a personal injury claim arising from violence or harassment in the workplace, specific criteria must be satisfied:
Meeting these conditions may make you eligible for compensation for injuries resulting from workplace stress or bullying.
It’s crucial to note that, before taking legal action, particularly in the case of harassment, employees should exhaust all available internal remedies.
Employers typically outline grievance procedures in staff handbooks, allowing employees to formally or informally report concerns about their treatment in the workplace. Additionally, all incidents must be reported, and managed in accordance with the HSE Incident Management Framework.
The initiation of a legal personal injury claim is subject to a time limit dictated by the statute of limitations act. Exceeding this limit can result in your claim being ‘statute-barred’ from court. Typically, you have two years less a day from the date of the incident to commence legal action. It’s essential to be aware that there’s a separate statute of limitations rule for assault cases.
Contacting a solicitor promptly after an incident is vital. Delaying can limit your time to file a claim. If you consult a solicitor immediately after an incident, the statute of limitations should not affect your ability to pursue a claim.
Here’s a brief overview of the process
Compensation claims consider various factors related to a personal injury and its ongoing impact on one’s life and earnings. The compensation amount is determined based on these factors:
You can use our compensation calculator to get an estimate for your potential compensation for your suffering.
If you have experienced violence or harassment in the workplace and are considering a personal injury claim against your employer, it’s crucial to promptly report the issues to your employer. By doing so early on, you establish that your employer was aware of the problem, which can be vital in demonstrating that the injury could have been prevented.
If you wish to proceed and file a claim for your injuries and suffering, contact one of our expert Personal Injury Solicitors today.
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 situation, phone 01 649 9900 where you can speak with a member of our team straight away, or email firstname.lastname@example.org to tell us about your case.
If you were involved in an workplace violence incident, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after your accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else was involved in the accident that needs medical attention. If you or anyone else involved has 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 which can involve pain and suffering. In this case, it is always better to be safe than sorry and is 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 incident to management, i.e. a supervisor. It doesn’t matter how small you think the incident 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 3 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 the incident. This may be of use if you do decide to pursue a claim. It is also useful to find out if there is any CCTV in the area where the incident happened.
It is important that you collect all the relevant information in connection with your incident:
If you are considering moving forward with your claim for any harm sustained, it is advisable that you speak with a personal injury 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 for assessment. A personal injury solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your personal injury 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 incident. 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 for compensation.
Here at Tracey Solicitors LLP, we have a lot of experience in personal injury law. We have a team of personal injury lawyers that deal with personal injury and negligence claims. As a professional law firm, we want to ensure we achieve the best possible outcome for you.
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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 personal injury claims solicitor to help you with this.
When you decide you want to move forward with your 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 personal injury 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 personal injury accident claim will be submitted to the Personal Injuries Assessment Board for assessment. You 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 steps.
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 your employer 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 of your recovery, as they focus on settling your case.
If you have been involved in an workplace violence incident, we are here to help you. Get in touch with our expert team of personal injury specialists, we are here to guide you on your legal journey, allowing you time to heal and recover.
Please visit: Accident At Work Compensation Claims | Tracey Solicitors LLP to get in touch or call us on 01 649 9900.
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If you are to proceed with a claim you may be entitled to compensation for the incident 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 an incident.
Special damages are out of pocket expenses incurred as a result of the incident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the incident (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 Limits
Employers have a duty to ensure safety standards are met in the workplace. These in theory should help to minimise the amount of workplace accidents.
The duties of an employer include:
A breach of these duties by the employer can lead to accidents. If an employee has sustained an injury and it is found that it was caused by employer negligence then the employer is likely to be found liable.
We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.
We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.
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