News & Info

1. If the accident was partly my fault, can I still make a claim?

A common misunderstanding is that you are unable to make an accident at work claim if you were partly responsible for the accident.

The reality is that an injured worker may still be entitled to make a claim even if they were partly responsible. While contributory negligence may reduce the amount awarded, it does not necessarily rule out a claim altogether. A solicitor can work with you to ensure you get the appropriate amount of compensation for your situation.

2. How long do I have to seek compensation for an injury I sustained at work?

In Ireland, there is a strict legal injury claim time limit of two years minus one day from the date of the accident or date of knowledge of your injuries to make a workplace accident claim. However, it takes time to process a claim, and to gather all the evidence and medical reports, so the sooner you act, the better.

3. Do I need to wait for my injuries to heal before making a claim?

No, you do not need to wait for your injuries to heal before making a claim. The timeframe for making an personal injury claim starts from the date the injury was sustained (or date of knowledge of the injury) so waiting until you are fully healed reduces the time available for making and processing a claim.

Given the strict time limit for making a claim it is important to speak with a specialist personal injury solicitor as soon as possible.

4. Do I have to sue my employer personally and will the company have to pay?

Many people are hesitant to make a compensation claim against their employer because they believe it involves taking legal action directly against the business owner. They may feel uncomfortable about potentially impacting the relationship they have with their employer.

However, workplace accident claims are taken against the employer’s liability insurance and not the business itself.

The law provides that employers in Ireland have a duty of care to protect employees from being injured at work. If they are negligent and you are injured as a result, you are entitled to seek compensation.

5. Can I lose my job if I make a claim?

A common concern for people who are injured in workplace accidents is that they will lose their job if they pursue compensation for their injuries.

It is a legal right to seek compensation for injuries sustained at work that were caused by negligence. Making a legitimate claim does not give an employer lawful grounds for dismissal.

However every situation is unique and not every employer will be compliant with Irish employment law. Because of this, it is advisable to speak with an experienced personal injury solicitor as soon as possible for guidance on your own circumstances.

6. Do minor injuries quality for compensation?

It’s not just serious injuries that are eligible for compensation. It may be possible to claim compensation for a wide range of physical and psychological injuries, from fractures and back injuries to repetitive strain injuries and post-traumatic stress disorder.

A minor injury could also have a knock-on impact on a person’s quality of life or ability to undertake daily activities, so this can affect the overall value of a claim.

However, some injuries are too minor to justify going through the process of making a claim or they might not be eligible for compensation. An experienced personal injury solicitor will be able to assess the potential value of your injury and advise whether you have a case for compensation.

7. Can I make a claim for an occupational illness?

Work-related compensation is not just for injuries from accidents.

Compensation claims can arise from occupational conditions such as hearing loss, repetitive strain injuries, work-related illness claims, and work-related psychological injuries.

8. What does workplace compensation include?

If you are injured at work, compensation may include:

• Pain and suffering
• Loss of earnings
• Medical expenses and other expenses related to the injury
• Future financial losses

It is important that you have an experienced solicitor working with you to ensure you are fully compensated for the impact the injury has had on your life, and the expenses you have incurred.

9. What evidence do I need to claim for a work accident?

To start with, if you are injured it is essential that you seek medical attention as soon as possible, even if your injury seems minor. While the number one priority is always to look after your health, medical records also create an official record of your injuries.

It’s vital that you report the incident to your supervisor or manager, so the incident can be recorded in the company’s incident log-book. Request a copy of this incident report so you have it for your own records.

Also, write down exactly what happened, taking note of time, date, what caused the accident, and anything else that might be relevant, as well as the names and contact details of anyone who witnessed the accident.

If you can, take photos of the area where the accident happened and of anything that may have caused it.

Your solicitor can help you to source additional evidence that may be required, such as CCTV footage, maintenance logs and expert evidence if these are required. They will be able to ensure you have all the required documentation and evidence required for your claim.

10. If I didn’t report the accident or seek medical attention immediately, can I still make a claim?

Prompt reporting is always advisable, but a delay does not necessarily prevent you from making a claim. Again, an experienced personal injury solicitor can help you to compile everything that you need for your claim.

Tell us about your case today

If you have any questions about a work-related injury, call or email us today and tell us about your case

Our team will be happy to discuss your situation and assess whether a claim is possible.