INJURY*

Occupational Injury Claims*

Occupation Injury claims* may be sought by an employee for injuries sustained during the course of their job. These types of work injuries can be sustained in numerous ways.

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How Do Occupational Injuries Occur?

When occupational injuries are sustained due to a failure of an employer to implement and sustain a safe working environment, provide the adequate protection needed for an employee to do their job safely or failure to adhere to health and safety regulations, an employee may be entitled to pursue a claim.

What Are the Effects of an Occupational Injury?

An injury at work* can impact a person’s life. This can be down to how reliant people are on their monthly income. If you have had a workplace injury* you may need to take considerable time off work or in some cases, would have to leave work altogether, leaving you unable to earn money to support family and yourself.

There are legal remedies in place that can help you recoup any losses you may have suffered as a result of an injury caused at work. These legal remedies can help you stabilise yourself financially so that you can focus solely on your recovery.

Types of Occupational Injuries*

Occupational injuries* sustained during the course of a person’s job can manifest in a number of different ways. They can be heavily dependent on the job that the person carries out. These types of injuries at work can fall into a number of different categories:

Physical Injuries

Physical injuries sustained during the course of somebody work can be caused by a number of different scenarios:

  • Repetitive Strain Injuries*: Pain felt in muscles, tendons and nerves and are caused by repetitive movement and overuse. This type of injury usually affects the forearms, elbows, wrists, hand, neck , ankles and shoulders of the employee – but is not limited to this list. The symptoms a person experiences can range from pains and aches, stiffness, chronic pain, throbbing, weakness and/or cramps. These symptoms can appear faint at first but if left untreated can eventually become constant and prevent you from carrying out your work.
  • Carpal Tunnel Syndrome: Numbness, tingling, weakness caused by pressure on the median nerve in the wrist. This can be brought on by work-related movement, repetitive flexing and extending of the wrist coupled with a strong grip may bring on carpal tunnel syndrome.

Chemical Related Injuries

Almost all employment situations can expose an employee to dangerous chemicals. More often than not chemical-related injuries are sustained by people who work in factories or locations where dangerous chemicals are used, mined or manufactured. However, office workers can also be exposed to dangerous chemicals like cleaning products and other toxic chemicals if the office is not ventilated properly.

For those who work on a daily basis with dangerous chemicals, protective work gear should be provided by their employer. Some dangerous chemicals that can cause injury to an employee at work are:

  • Asbestos
  • Benzene
  • Pesticides
  • Paint
  • Solvents
  • Acids

Exposure to these and other toxic chemicals can cause injury to the employee in different ways. Whether it be from skin contact, breathing in fumes or accidentally swallowing the chemicals. Common types of injuries sustained are, rashes, burns, throat and lung injuries.

Biological Related Injuries

Biological agents to which employees have been exposed to in the workplace include bacteria, fungi (yeast and moulds) and parasites. While some of these agents are harmless some may cause serious injury to the employee.

Exposure to such biological agents can be found in places such as laboratories or research facilities where a person is working directly with the agent and is unintentionally exposed. Other occupations that may be exposed are hospital workers who are exposed to blood-borne viruses or hospitality workers, refuse collectors, cleaners who are injured by needles (also known as needle stick injuries) and are exposed to blood-borne pathogens such as Hepatitis B, C and HIV. Farm employees who work with animal carcasses may also be exposed to animal disease which can also affect humans if the correct protective gear is not provided.

What are the Common Causes of Occupational Injuries*?

Most occupational injuries* happen due to the incorrect or inadequate training of employees or the absence of safety measures in the workplace. For example, injury at work* can happen in the following scenarios:

  • Inadequately trained staff – for example, repetitive strain for a warehouse worker who was not given manual handling training
  • Poorly maintained equipment that leads to accident injury to the employee, accidental exposure to chemical or biological agents leading to an illness or injury
  • Bad ventilated work areas – fumes from toxic paint in a poorly ventilated office or work environment.
  • Engaging generally in dangerous practices and procedures in work.

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We use our expert knowledge and 30 years’ experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Call us today on +353 1 649 9900 or contact us online.

How do I make a claim?

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 personal injury* solicitor to help you with this.

  1. Prepare the information for a solicitor

    When you decide you want to move forward with your injury 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:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • If any emergency services attended the scene, and their details
    • Details of your injuries
    • Hospitals/Doctors attended with your injury
    • Any pictures you may have taken of the scene of the accident and/or your injuries
    • Details of any witnesses
    • Is there CCTV that may have captured the accident?
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the injury claim* process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    The most important document needed to prove your injuries is your medial report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your injury 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 the party at fault 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 the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    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.

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 car 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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Case Settlement

If you are to proceed with an injury claim* you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the injury*, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages

Material Damages

Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

What are the Legal Time Limits?

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

About Tracey Solicitors

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.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

+353 1 649 9900

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