News & Info

Summary

An employer may be liable for an accident at work if they failed to meet their legal duties to protect employees’ safety, health and welfare, and that failure caused or contributed to an injury. However, liability will depend on the specific circumstances of the accident. In some cases, another person or company may also be responsible, or partly responsible (including the injured party).

If you have been injured at work, it is important to establish what caused the accident, what safety measures were in place, whether the appropriate training and equipment were provided, and whether a duty of care was breached.

Who is liable for an accident at work?

An employer may be liable for an accident at work where a failure to take reasonably practicable steps to protect an employee’s safety contributed to the accident and resulting injury. However, the question of liability will depend on exactly how the accident happened.

When considering who is responsible, it will be necessary to establish:

• what caused the accident or injury;
• whether appropriate safety measures were in place;
• whether the employer provided appropriate information, instruction, training and supervision;
• whether equipment and the workplace were properly maintained;
• whether appropriate risk assessments and safety measures were in place; and
• whether an employer or another party breached a duty of care.

In some cases, responsibility for the accident may be shared between more than one party.

What is an employer’s duty of care at work?

Under the Safety, Health and Welfare at Work Act 2005, employers must protect the safety, health and welfare of their employees, so far as is reasonably practicable.

The Health and Safety Authority explains that an employer’s duties include managing work activities safely, providing safe workplaces and systems of work, providing information, instruction, training and supervision, identifying hazards and carrying out risk assessments, and providing protective equipment where necessary.

The Act also places duties on employees. Employees must take reasonable care of their own safety and that of others who may be affected by their actions at work, cooperate with their employer and report certain hazards and defects.

This means that establishing liability for a workplace accident involves looking at what both the employer and employee did, or failed to do, in the circumstances.

Who is liable if I slip or fall at work?

Your employer may be liable for a slip, trip or fall at work if an unsafe condition was not dealt with appropriately and the employer’s failure contributed to your injury.

For example, you may slip on a wet floor or trip because of an uneven surface. What is important here is whether the hazard was known or should reasonably have been identified, whether appropriate measures were taken to remove or control the hazard, and whether you were given an appropriate warning.

However, an employer is not automatically liable simply because an accident happened at work. If a hazard arose shortly before the accident and there was not a reasonable opportunity to identify or address it, the employer may not necessarily be liable. .

Similarly, if an appropriate warning was provided and an employee knowingly ignored it, the employer might not found to be responsible for the injuries.

Who is liable if I am injured by faulty work equipment?

An employer may be liable if an employee is injured using defective or inadequately maintained work equipment, if the unsafe equipment contributed to the accident.

However, another party may also have liability. This could include a manufacturer, supplier, maintenance contractor or another party responsible for the equipment.

The circumstances surrounding the equipment, including its condition, maintenance, inspection, instructions and the training provided to the employee, would need to be considered in any compensation claim.

An employee’s actions may also be relevant. For example, if an employee was properly trained but deliberately ignored safety instructions, or knowingly used defective equipment without reporting the problem, this may affect the assessment of responsibility.

Can I claim if I injured because I was not properly trained for my job?

An employer has duties relating to training and supervision, and a failure to provide appropriate training may be relevant when assessing liability.

For example, if you were asked to carry out a task without receiving the training or instruction necessary to do it safely and you were injured as a result, you may be able to make a personal injury claim against your employer.

However, the details of how the accident happened still need to be considered. If you carried out a task that you were not authorised or instructed to perform and did so without your employer’s knowledge, this may affect the assessment of responsibility.

Who is liable for a manual handling injury at work?

An employer may be liable for a manual handling injury if appropriate steps were not taken to identify and reduce the risk of injury, and this contributed to the accident.

These steps include a proper risk assessment, providing suitable equipment where necessary, and manual handling training for employees.

However, if an employee received manual handling training, but still used improper lifting or moving technique, the employer might not be liable (or fully liable) for the injuries, as they may have fulfilled their duty of care to prevent an injury.

This does not mean that an employer is free from responsibility; as always, the individual circumstances of the accident as a whole would need to be considered.

What if I was partly responsible for my workplace accident?

You may still have a claim if your own actions contributed to a workplace accident. This is known as contributory negligence.

The extent to which responsibility should be shared will depend on exactly how the accident happened, including what your employer did or failed to do, and what you did or failed to do.

A solicitor can assess the evidence surrounding the accident and advise you on how responsibility may be divided.

Can more than one person or company be liable for a workplace accident?

Yes. More than one party may potentially be responsible for a workplace accident, depending on how the accident was caused.

For example, an employee could be injured because equipment was defective and because they were not provided with appropriate training to use it safely. Depending on the evidence, a compensation claim could potentially involve the employer and another party connected with the equipment.

Identifying the correct defendant or defendants is therefore an important part of filing a workplace accident claim and a specialist workplace accident solicitor can advise on this.

What happens if my employer or another person disputes liability?

If your employer or another party denies responsibility, the evidence surrounding the accident becomes even more important.

If the defending party does not agree with the Injuries Board assessment, you will need to pursue the case through the Court system.

Because of this, you should keep a clear record of what happened and, where possible, preserve all evidence relating to the accident. This may include:

• photographs of the accident location;
• photographs of any hazard or equipment involved;
• photographs of visible injuries;
• details of witnesses;
• records of the accident being reported at work;
• relevant training records;
• relevant correspondence; and
• medical records relating to your injury.

If you work with a specialised workplace accident solicitor from the beginning of the claims process, will have the evidence ready to pursue court proceedings on your behalf, should this be necessary.

How can a solicitor help with an accident at work claim?

A solicitor can investigate the circumstances of the accident, consider the available evidence and identify the correct defendants to name in the legal action.

They will manage the Injuries Board application and ensure it is completed correctly and moves swiftly along within the required time limits.

They will ensure all damages are properly assessed and that you are compensated for all losses, including expenses incurred, loss of earnings, pain and suffering and any long-term impacts.

Your solicitor can also pursue court proceedings if:

• a higher award is justified,
• if the defending party do not agree to the Injuries Board assessment,
• or if the Injuries Board decline to assess the claim application.

If you are considering getting legal support for your claim, it’s important to shop around and find a solicitor who not only specialises in personal injury, but one you feel comfortable with and trust will work in your best interests.

 

FAQS

Can my employer be liable if an accident was partly my fault?

Yes, it is possible for an employee’s own actions to contribute to an accident. This does not necessarily prevent a claim for compensation, as responsibility may be shared by a number of parties. This is known as contributory negligence.

Can someone other than my employer be liable for an accident at work?

Yes. Depending on the circumstances, another person or company may also be liable for a workplace accident. This could include a party responsible for equipment, maintenance or other work activities.

What should I do if my employer denies responsibility for my accident?

It may happen that an employer denies responsibility, and for this reason, it is vital to work with a specialised workplace accident solicitor from the start of your claims process.

If your employer denies responsibility when your application is assessed by the Injuries Board, your solicitor can then pursue court proceedings on your behalf.

Do I need a solicitor after an accident at work?

Navigating the complex system of Irish personal injury law can be daunting for someone without practical legal experience. While it may initially seem straightforward, the reality is that bringing a case can be tricky.

Personal injury solicitors understand how to assess the full extent of your damages, including medical expenses, lost earnings, pain and suffering, and future care needs, to ensure you get the appropriate amount of compensation for your case.

To find out more about how we can help, contact us and tell us about your case today.