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If you are injured in an accident at work in Ireland, whether it’s a fall, a lifting injury, a repetitive strain that developed over time, or any other type of injury, and you’re considering a compensation claim, there are many factors to think about.

It’s often the case that people feel uncomfortable about making an employee compensation claim against their employer, because they have a relationship they don’t want to impact.

However, the law is clear: employers in Ireland have a duty of care to protect employees from being injured. If they are negligent and you have are injured as a result, you are entitled to seek compensation. Most employers have insurance policies in place to cover workplace injuries.

It’s important to know that an occupational accident claim isn’t just about the immediate injury. It can also be about how your life is affected going forward:

• Can you return to your pre-accident job? If yes, is it at the same capacity? If no, is retraining or reduced capacity an issue that will impact your earnings?
• What effect has the injury had on your personal life, such as hobbies, family, travel, or your physical activities?
• What are the ongoing costs of your injury, such as rehabilitation, medical treatments, or adaptations to your home or car?

With that in mind, here are some steps you can follow to ensure your legal rights are protected while also keeping the process professional.

Get medical attention immediately

If you are injured, your top priority is your health. So, whether the injury is minor or serious, see a doctor or attend a hospital for medical treatment as soon as you can.

Early treatment can help prevent an injury progressing to a more serious condition.

It also builds an official record of your injury and how it was caused, which is important if you are going to take legal action.

Report the incident

Employers have certain legal obligations when a workplace accident occurs. Under the Health and Safety Authority (HSA) Safety, Health and Welfare at Work Regulations 2016:

• all employers and self-employed persons are legally obliged to report the injury of an employee a result of an accident while at work to the HSA.
  Injuries must be reported if the employee is unable to carry out their normal work for more than three consecutive days, excluding the day of the accident.

Employers ideally should also keep a written record of all accidents or incidents that occur, though this is best practice rather than a legal requirement.

Because of this, it is vital that you:

• report the incident to your supervisor/manager as soon as possible,
• ensure the incident is recorded in the company incident/accident book or log, and
• ask for a written acknowledgement or copy of the entry if possible.

By reporting the accident in writing, you are creating another official record of what happened, which will all help if you decide to make a claim.

You are also making your employer fully aware of the circumstances of the incident, which is important for their own records and so they can inform their insurance company. It may also help to prevent the same accident from happening again to someone else.

Gather evidence and document everything

Beyond the initial medical and employer reports, it’s a good idea to compile evidence for your case. This could include:

• Photos of your work environment at the time of the incident, for example were there any hazards that caused the accident? Like a wet floor, poor lighting, missing guardrails, or faulty machinery? If you can’t take photos yourself, ask a colleague to do so.
• Write down in your own words exactly what happened, including time, date and location. What you were doing at the time, what caused the accident, and were there any witnesses? It’s easy to forget these details later on when they’re not fresh in your mind.
• If you can, try to get the contact details of any witnesses present at the time of the incident.
• Take note of immediate symptoms, such as pain, swelling, or limited movement. Also note the consequences of these symptoms, for example, are you experiencing ongoing pain that is impacting your ability to sleep or perform daily activities? Have you lost earnings because of the incident? Or has there been a psychological impact?
• Save payslips, sickness absence records, invoices for treatment, receipts for travel to appointments – anything that is related to the incident.

Having this information to hand can all help in preparing your case.

Seek specialist legal advice early

Workplace injury claims can involve complex issues; engaging a specialist workplace accident solicitor can help you manage these and provide you with advice on the process.

Your solicitor should be able to:

• assess whether the employer was negligent and if they breached their duty of care.

• quantify your claim fully, accounting for the costs of your medical care, future treatment, pain and suffering, and loss of earnings.
• guide you through any negotiations or court proceedings if necessary.

Be aware of the time limit for filing a work accident claim in Ireland

Remember, in Ireland, there is a strict time limit on when you can make a claim for compensation after an accident. This is called the statute of limitations, and generally, this is two years minus one day from the date of knowledge of the injury. After this time, you lose your right to make a claim.

Stay in touch with your solicitor

Once you start the claims process, bear in mind that this can take some time to resolve. Because of this, it’s really important that you:

• respond promptly to your solicitor’s requests for medical reports, or other documentation, and
• keep tracking all expenses and losses.

Good communication ensures your case progresses smoothly. Make sure you tell your solicitor of any changes throughout the process – such as, if you change employment, if your condition improves or worsens, or if you have further accidents or incidents.

If you are injured from an incident at work, and are unsure on how to proceed, you can speak to a member of our team in confidence. With over 35 years’ experience in workplace accident claims, they will be able to assess whether you have a case and advise on next steps.

Or have a read through our case studies to learn more about some of the work accident claims we have successfully handled.

Call us on 01 649 9900 or email ask@traceysolicitors.ie – we’re here to help.