Retail Staff Injured at Work Claim *

Work injury claims * for those in the retail environment arise in cases where an employee has been injured during the course of their work. In some cases, these accidents occur as a result of employer negligence and a breach in their duty of care towards their employees, but these accidents can also happen as a result of actions or inactions of other employees. Prior to beginning their employment, retail workers should be made aware of the potential risks and hazards which they may face on a daily basis as this can help to reduce the risk of workplace accidents and injury *. The employer also has an obligation to ensure that their employees work in a safe environment, as given protective equipment needed to perform certain aspects of their jobs and also be given the tools needed to carry out their roles.

Who is liable?

Making a claim starts with determining liability. Who is responsible for the cause of the injuries? Could this injury have been avoided if certain measures have been put in place by the employer? Or did you have the relevant tools needed to carry out the task that led to the injury? In many cases, it is found that the employer is responsible for the accident due to a breach in their duty of care. In some cases, it can also be employees or customers of the store who may have led to the cause of the accident. The Safety, Health and Welfare Act 2005 outlines certain duties which an employer and employee have in relation to ensuring health and safety at work.

Employers

All employers have a duty of care to their staff to ensure that their health and safety is guaranteed while they are at work. They have a responsibility to ensure that there are precautions and regulations in place in order to do this. Employers are required to carry out frequent risk assessments which will help to identify and eliminate potential hazards. The duties of an employer include;

• Managing activities in a way which prioritises health and safety
• Providing the correct training and protective equipment to employees
• Ensuring that the working environment is suitable for the work that is to be carried out
• Ensuring that any equipment needed is in a good working condition

A breach of these duties by the employer can lead to accidents. If an employee has sustained an injury and it is found that it was caused by employer negligence then the employer is likely to be found liable.

Employees

The above Act also provides information regarding the duties which an employee has to ensure the health and safety of both themselves and their co-workers.

• Ensuring that they wear the correct Personal Protective Equipment (PPE)
• Co-operating with their employer in regards to following workplace regulations
• Attend any training that is provided for them by their employer
• Reporting any defects or issues that they come across during the course of their work

Employees who have acted in a negligent manner while at work which led to the cause of an injury to themselves then they may be found liable and may not be in a position to bring a case forward.

Fellow employees may also be the cause of the accident, for example, in a retails environment such as a supermarket, where a spillage occurs and other employees fail to clean it up in an appropriate timeframe or fail to display a wet floor sign, another employee may slip and fall.

Common Injuries

• Breaks and fractures
• Cuts and lacerations
• Concussion
• Traumatic Brain Injury (TBI)
• Soft tissue injury
• Back Injury
• Repetitive Strain Injury (RSI)
• Crush Injuries
• Sprains and strains
• Injuries to the legs and feet
• Head injuries
• Amputations
• Fatalities

Causes of Retail Staff Injuries

• Lack of training

Inadequate or lack of training is the leading cause of many workplace accidents *. It is important that all employees are correctly trained in how to carry out their job in a safe manner which will help to reduce the risk of injury. Retail employees should be correctly trained in how to use all equipment in the workplace including how the correct way to use trollies and rails so as not to overload them.

• Inadequate Personal Protective Equipment (PPE)

PPE is required in all industries to protect employees from sustaining workplace injuries*. The most important protective equipment needed by retail workers is gloves in order to protect their hands when opening and carrying boxes in the storeroom. It is up to the employer to provide the correct PPE to their employees as they may be found liable for accidents if they do not do so.

• Defective or Faulty Equipment

Employers have a duty of care to ensure that all equipment used in the workplace is in a good working condition. Any repairs or maintenance that needs to be carried out should be done as soon as possible and equipment should be updated and replaced regularly to ensure that no accidents occur. Faulty equipment may be unsafe to use which can lead to workplace injuries *. All machinery used should be checked regularly and maintained to keep it safe to use.

• Overloaded Stockroom

It is important that the stockroom in a retail store is kept tidy and that all regulations are followed. Employees should be trained on how to correctly stack boxes and items so as to avoid the risk of objects falling and injuring employees. They should also be made aware of the procedures which must be followed if there is too much stock as an overloaded stock room can create a higher risk of injury

• Repetitive Tasks

Carrying out repetitive tasks over a long period of time can lead to the development of a repetitive strain injury *. This is a common injury sustained by retail workers as they may be expected to carry out certain tasks for a long period of time throughout their shift.

TELL US ABOUT YOUR CASE

If you would like to discuss any aspect of this topic or would like some more information on the process of making a claim, feel free to contact our accident solicitors on 01 649 9900 or email ask@traceysolicitors.ie.

With over 30 years’ experience, 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.