MAKING A CLAIM AGAINST AN EMPLOYER *

MAKING A CLAIM AGAINST AN EMPLOYER *

Claiming Against An Employer *

The legal term “Personal injury” * is used when accounting for an injury or illness that has been caused or worsened due to someone else’s negligence. Workplace accidents * are personal injuries that occur in the workplace, either by the negligence of the employer or a fellow employee. Workplace accident claims * are made by employees that have proven that the accident in question was a direct result of negligence at the hands of employers/employees.

It must be noted that an accident may only be deemed as a workplace accident as long as the employee is legally required to be on the premises in question during the course of their working day. It is important to note whether the environment of which the accident took place on was unfit or hazardous, even in the case of human error, on top of this, details of the accident must be factual, clear and concise when claiming against an employer. Before any legal proceedings are taken into consideration it is important to get your injuries assessed (both minor and major) by a medical professional.

Before bringing a claim forward, employees must not worry about their position within their place of work. You will not lose your job upon taking legal action against your employees as the job security legislation protects employees against dismissal if a claim is brought forward after a workplace injury.

Most well-advised employers already have something called employers liability insurance plans in case of employee accidents occurring. This means that the employer’s insurance companies take over and look at the case form an early stage, which can be beneficial for both parties involved and takes away the more ‘personal’ elements surrounding the legal proceedings and incident in question.

Communication and Reporting the Accident

It is important to notify your manager at work that an accident has occurred. You must inform your manager of the injuries that you have suffered and the cause of the accident. Be calm and collected when having a discussion with your manager as it is important that details with regards to the event that have taken place are stated correctly. It is advisable to write down clearly a step by step account of the incident before discussing the accident with a manager to aid you in your communication and to clear your thoughts. It is also advisable for you to seek confirmation from your superiors that you have reported the accident, whether it is written or electronic. In reflection give your employer a chance to accept responsibility for the accident that has taken place. It is important that you and your employer have an honest breakdown and discussion of what has occurred, to assist in legal proceedings.

Once reported your employer is obliged to report the accident the Health and Safety Authority once you have missed 3 consecutive days at work (not including the day of the accident).

Checking your Pay Entitlements

You should also take some time to check if you have any entitlement to sick pay. Check the terms and conditions of your contract. In general, employees do not have any entitlement to sick pay under Irish employment law, however, some employers will allow a certain amount of paid sick leave and this will be listed in your contract.

If you are out sick for a long period of time because of the accident, it is work checking your social welfare entitlements. You can do so on the citizen’s information website.

Employers Liability Insurance

Your employer may have taken out Employers liability insurance cover which will enable your employer to meet the cost of your workplace injury claim *.

Contact a Solicitor

It is important that you seek advice from a workplace injury solicitor *. If you do decide to continue with legal proceedings, you are not obliged to personally tell your employer. Your solicitor can write to your employer to notify them of any legal proceedings being made on your behalf. Sometimes you may be inclined to tell your employer that a solicitor will be in touch however, it is advisable to leave this to the legal representatives.

Employer Responsibility

Accidents in the workplace * are usually avoidable inconveniences. There are obligations on every employer in Ireland (Safety, Health and Welfare at Work Act 2005), no matter the size of the company. This ensures that the interest of employee’s health and safety at work is taken as far as possible to avoid accidents and personal injury *.

It goes without saying that the employee is expected to act responsibly within the workplace to avoid intentionally putting themselves at risk of an injury. Therefore, there must be an understanding and synergy between employees and employers to minimise hazards at work to subsequentially avoid accidents in the workplace *

TELL US ABOUT YOUR CASE

If you have any questions about an injury you sustained due to an accident at work * please do feel free to contact us for a confidential chat with one of our personal injury solicitors *. You can reach us by phone on +353 1 649 9900 or email ask@traceysolicitors.ie. If you rather we call you, please do feel free to tell us about your case by leaving your details along with a message outlining your query on the form below and we can call you back.

With 30 years’ experience as specialist personal injury solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.

TELL US ABOUT YOUR CASE

contact no win no fee solicitors

016499900

or email ask@traceysolicitors.ie to tell us about your case and we can call you back

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Workplace Accident Claims * – Useful Information

 

What is a Workplace Accident Claim *?

In scenarios where a person is involved in an accident while at work or during the course of their work * that was not their fault and sustains an injury as a result of that accident, they may be entitled to pursue an accident at work claim *.

There are many different scenarios that could lead to a claim, most common of which are:

Each scenario and case will be different, therefore, it is important that you contact a workplace accident solicitor * as soon as possible after the accident to discuss your case.

How do I start a claim for an accident at work *?

The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Injuries Board for an assessment of your claim. You will be required to complete an Injuries Board Form A in order to start the claims process.  Your solicitor can gather the relevant documents needed (medical reports, etc.,) do this on your behalf.

My claim has been submitted to the Injuries Board, what happens next?

Once the Injuries Board have received your application they have a period of 9 months in which to assess your claim. Once assessed, the Injuries Board will revert back to you and the person at fault with a suggested compensation amount to be paid to you. At this stage, one of two scenarios will come to pass:

  1. If both parties agree on the settlement amount, the Injuries Board will issue an order to Pay and the compensation amount will be paid to you.
  2. If either party disagree on the compensation amount then your case moves to the next stage – you have 6 months to issue court proceedings.
How is compensation calculated?

A compensation amount is calculated by taking into account the following aspects:

  • Loss of wages, if absent from work due to injury
  • Future loss of earnings, if absent from work for a long period of time
  • Medical expenses resulting from the injury
  • Future medical expenses resulting from the injury
  • Out of pocket expenses

In order to calculate compensation for you, the Injuries Board will refer to the Book of Quantum. The Book of Quantum shows value ranges of compensation amounts that have been awarded to people for injuries to specific parts of their bodies. Each of the average compensation amounts found in the book is taken from real personal injury cases * (over 51,000 in total) from the years 2014-2015.

Friendly, expert and clear. Avoided complexity and made an effort to explain the process in concise and simple terms. Very thorough and professional.

Accident at Work Client *

Client Story – Martin, Accident At Work *

Incident: Martin was asked by his manager to wash the outside walls of the company building. The building is a warehouse with steel cladding acting as walls. To reach the top of the walls Martin was lifted in a handmade wooden cage made of 5 wooden pallets nailed and held together by shrink-wrap. This was then attached to a small teleporter and secured with a cargo security belt. He was lifted up to a height of approx. 8 metres. He was washing the walls with a karcher when a cable of the karcher got tangled. He asked the driver of the teleporter to untangle the cable. When the driver got out of the teleporter, it started rolling down on a small incline. It hit the loading bay wall and tipped over to its side. The client managed to stay inside the cage when he hit the ground. He sustained multiple fractures to his left Ankle, fractured his right knee, fracture of his right femur just above the knee, Fracture of left humerus and soft tissue injury to his left shoulder, Soft tissue injuries to his right shoulder, Dislocated hip and suffered acid burns to his back and left forearm (from leaking battery). He had to have surgery to his left humerus, right knee and left ankle. He spent a total of 5 weeks in hospital and was wheelchair-bound for some time after the accident.

Case Progression: The Personal Injuries Board decided it would not be appropriate to assess the claim. Proceedings were issued on the 24/06/16.

Settlement: The case was settled on the 13/11/2017 in the High Court. The plaintiff was instructed to carry out a dangerous task and there were numerous breaches of the Safety, Health & Welfare act 2005.

Client Story – Sarah, Accident At Work *

Incident: Sarah injured herself in work * while she was using a hand pallet truck that moves stock.  The pallet was brought in by a supplier which was stocked in the workplace. The pallet was jammed against a wall and when she went to pull it out with a pallet truck, the pallet truck slid out from under the pallet and fell backwards with her onto the ground. After falling, Sarah continued to work and finished her shift one hour later. She injured the left side of her chest, her left arm, her shoulder and her lower back. She returned home but could not get out of bed the next morning as she had injured all her left side. She needed physiotherapy on over 20 occasions due to the accident * and had also problems with day to day activities especially sleeping.

Case Progression: The Personal Injuries Assessment Board decided that it would not be appropriate to make an assessment because of the complexity off certain issues. Proceedings were issued on the 15/03/12.

Settlement: The case was settled in the High Court on the 12/03/2013. Sarah’s workplace has a duty of care towards their employees and the accident was not Sarah’s fault as the work conditions were not safe and negligence was proven.

FREQUENTLY ASKED QUESTIONS

What do I need to make a workplace accident claim *?

Workplace accident claims * are made when a person proves that their injury at work * was caused by the negligence of their employer to provide a safe working environment. To start your claim, speak with a workplace accident solicitor *, they will help you obtain all the information you need to get started…

READ MORE

How long does a personal injury claim take to settle?

The time it takes to settle a claim will depend on the type of accident and the types of injuries sustained. This is why this is a difficult question to answer as there are many factors that come into play in the personal injury claims * process…

READ MORE

Will I have to go to court?

The vast majority of personal injury claims * are settled before stepping foot into a courtroom. Only a small percentage of claims each year go to court for a Judge to decide on the outcome of the case…

READ MORE

FREQUENTLY ASKED QUESTIONS

What do I need to make a workplace accident claim *?

Workplace accident claims * are made when a person proves that their injury at work * was caused by the negligence of their employer to provide a safe working environment. To start your claim, speak with a workplace accident solicitor *, they will help you obtain all the information you need to get started…

READ MORE

How long does a personal injury claim take to settle?

The time it takes to settle a claim will depend on the type of accident and the types of injuries sustained. This is why this is a difficult question to answer as there are many factors that come into play in the personal injury claims * process…

READ MORE

Will I have to go to court?

The vast majority of personal injury claims * are settled before stepping foot into a courtroom. Only a small percentage of claims each year go to court for a Judge to decide on the outcome of the case…

READ MORE



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