10 STEPS TO TAKE AFTER A WORKPLACE ACCIDENT *

10 STEPS TO TAKE AFTER A WORKPLACE ACCIDENT *

Workplace accidents *: 10 Steps to take after an Accident at Work *

A workplace accident * can be described as an occurrence during work / in the workplace that leads to injury. Workplace accident claims * are made when a person proves that the injury at work was caused by the negligence of their employer to provide a safe working environment.

10 Steps to Take After an Accident at Work *:

1. Report the Accident

It is important to notify your manager at work that an accident has occurred. You must inform your manager of the injuries that you have suffered and the cause of the accident. Be calm and collected when having a discussion with your manager as it is important that details with regards to the event that has taken place are stated correctly. Write down clearly a step by step account of the incident before discussing the accident with a manager to aid you in your communication. It is also advisable for you to seek confirmation from your superiors that you have reported the accident, whether it is written or electronic. In reflection give your employer a chance to accept responsibility for the accident that has taken place. These steps are helpful as in engages an honest breakdown and discussion of what has occurred between yourself and your employer thus, assisting legal proceedings.

2. Seek Medical Attention

Seek medical attention as soon as possible after the accident has taken place no matter how major or minor you deem your injuries to be. It is important to get your injuries assessed from a medical perspective as the details recorded by your doctor to assist legal proceedings with regards to any injury sustained in relation to the accident that has taken place. It is important to do this as medical records of your first attendance and diagnostics after the accident at work are often requested when you make a claim.

3. Obtain Photographic Evidence

If possible obtain clear photographic evidence of the scene and variables that caused the accident to occur. It would also be advisable to take photos of any personal injury sustained in the accident at work.

4. Witnesses

If there were any witnesses to the accident at work *, take their contact details and a clear statement from them on how the accident happened. Obtain important information (telephone number, name, address) to enable them to be a point of contact to assist in legal proceedings.

5. Record loses

Any financial losses incurred because of the accident must be recorded.  This is important as if you suffer an accident at work you may be out of pocket due to numerous reasons.

 Work-related injury * and sick pay

Irish law does not require employers to provide employees with occupational sick pay. This means that if you have been injured at work there is nothing in Irish legislation that says your employer is obliged to pay your ages while you take time off work to recover from your injuries.  However, if you can’t work due to an injury you’ve suffered at work and your employer has no obligation to pay you during your absence you may also be entitled to a range of social welfare payments including disability benefit, invalidity pension, occupational injury benefit and disablement benefit.

6. Keep a Diary

Keep a diary of all information (including financial losses) and events following the accident at work *. This is useful as it can break down clearly all information with regards to the accident in case some important details are forgotten about.

7. Do Not Admit Liability

After an accident takes place emotions may be running high and, in the moment, you may admit fault to the incident that has just taken place. However, a few days after you may realise that the accident was not your fault and indeed cause due to the negligence of a third party. If liability is admitted and this happens to be the cause it can hinder your chances of seeking a legal remedy for any injury or financial loss incurred. Do not sign any admission that you were at fault for the accident at work *. If you are being pressured into admitting liability contact a solicitor immediately.

8. Contact a Solicitor

After the accident occurs your next step may be to pursue legal action against your employer.  It is important that you seek any legal advice from a personal injury solicitor who has experience in dealing with cases that consist of personal injury * because of accidents in the workplace *. If you do decide to continue with legal proceedings, you are not obliged to personally tell your employer. Your solicitor can write to your employer to notify them of any legal proceedings being made on your behalf. Sometimes you may be inclined to tell your employer that a solicitor will be in touch however, it is advisable to leave this to the legal representatives.

9. Be patient

The accident at work claims * process takes time. It is difficult to tell you exactly how long your case will take to settle. Work accident claims * are submitted to the Injuries Board first who can take 7-9 months to review and revert, your solicitor must wait until the Injuries Board returns with their assessment before moving forward. Your solicitor will be with your every step of the way and will update you as updates become available.

10. Focus on Recovery

Now that your case is in safe hands with your solicitor, focus on regaining your health in recovering from your accident *.

TELL US ABOUT YOUR CASE

If you have any questions about an injury you suffered due to an accident at work * please do feel free to contact us for a confidential chat with one of our personal injury solicitors *. You can reach us by phone on +353 1 649 9900 or email ask@traceysolicitors.ie. If you rather we call you, please do feel free to tell us about your case by leaving your details along with a message outlining your query on the form below and we can call you back.

With 30 years’ experience as specialist personal injury solicitors *, 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.

TELL US ABOUT YOUR CASE

contact no win no fee solicitors

016499900

or email ask@traceysolicitors.ie to tell us about your case and we can call you back

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Workplace Accident Claims * – Useful Information

 

What is a Workplace Accident Claim *?

In scenarios where a person is involved in an accident while at work or during the course of their work * that was not their fault and sustains an injury as a result of that accident, they may be entitled to pursue an accident at work claim *.

There are many different scenarios that could lead to a claim, most common of which are:

Each scenario and case will be different, therefore, it is important that you contact a workplace accident solicitor * as soon as possible after the accident to discuss your case.

How do I start a claim for an accident at work *?

The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Injuries Board for an assessment of your claim. You will be required to complete an Injuries Board Form A in order to start the claims process.  Your solicitor can gather the relevant documents needed (medical reports, etc.,) do this on your behalf.

My claim has been submitted to the Injuries Board, what happens next?

Once the Injuries Board have received your application they have a period of 9 months in which to assess your claim. Once assessed, the Injuries Board will revert back to you and the person at fault with a suggested compensation amount to be paid to you. At this stage, one of two scenarios will come to pass:

  1. If both parties agree on the settlement amount, the Injuries Board will issue an order to Pay and the compensation amount will be paid to you.
  2. If either party disagree on the compensation amount then your case moves to the next stage – you have 6 months to issue court proceedings.
How is compensation calculated?

A compensation amount is calculated by taking into account the following aspects:

  • Loss of wages, if absent from work due to injury
  • Future loss of earnings, if absent from work for a long period of time
  • Medical expenses resulting from the injury
  • Future medical expenses resulting from the injury
  • Out of pocket expenses

In order to calculate compensation for you, the Injuries Board will refer to the Book of Quantum. The Book of Quantum shows value ranges of compensation amounts that have been awarded to people for injuries to specific parts of their bodies. Each of the average compensation amounts found in the book is taken from real personal injury cases * (over 51,000 in total) from the years 2014-2015.

I can’t say enough to describe how much the team at Tracey Solicitors helped me with my case. From the first call I knew I was in good hands regarding legal advice. I would truly recommend to people seeking a representative in court or simply on advice.

Accident at Work Client *

Client Story – Thomas, Accident At Work *

Incident: Thomas injured his upper limbs whilst working for his employers. His working duties involved him finishing parts of prosthetic joints. The nature of his job consisted of him repetitively grinding and polishing metal parts.  His usual working day consisted of him grinding and polishing metal parts for a 9-12 hours a day, he would also approximately finish 400-600 metal parts with strong vibrating conditions.

Thomas was working as a general operator in hazardous working conditions. Thomas’ workplace PPE was lacking as the protective gloves he was wearing were not strong enough to give his hands adequate protection when carrying out his job.  As a result, he wears more than one pair of gloves on his hands to protect himself against high temperatures and mechanical injuries when carrying out his job.

Thomas sustained an upper limb injury whilst finishing off a part. Thomas got a sudden feeling of discomfort in his hands and forearms and as a result, could not move his hands. He was not able to recommence working due to the injury sustained and the subsequent swelling in his hands. He had sustained strained in his upper limbs, right-hand side vibration syndrome, left-hand side vibration syndrome and right upper and left upper limb sympathetic dystrophy signs and anxiety.

Thomas now has permanent hand injury, hand numbness, hypersensitivity, discolouration and swelling as a result. He also has permanent injury sustained to his neck.

Case Progression: The Personal Injuries Assessment board decided it would not be appropriate to make an assessment as a final prognosis in relation to the injuries sustained will not be available within the timeframe allowed under the act. Proceedings were issued on the 08/09/2011.

Settlement: The case was settled in the High Court on the 16/05/2017. Liability was admitted by Thomas’ workplace.

Client Story – Terri, Accident At Work *

Incident: Terri injured herself in work * while she was using a hand pallet truck that moves stock.  The pallet was brought in by a supplier which was stocked in the workplace. The pallet was jammed against a wall and when she went to pull it out with a pallet truck, the pallet truck slid out from under the pallet and fell backwards with her onto the ground. After falling, Terri continued to work and finished her shift one hour later. She injured the left side of her chest, her left arm, her shoulder and her lower back. She returned home but could not get out of bed the next morning as she had injured all her left side. She needed physiotherapy on over 20 occasions due to the accident * and had also problems with day to day activities especially sleeping.

Case Progression: The Personal Injuries Assessment Board decided that it would not be appropriate to make an assessment because of the complexity off certain issues. Proceedings were issued on the 15/03/12.

Settlement: The case was settled in the High Court on the 12/03/2013. Terri’s workplace has a duty of care towards their employees and the accident was not Terri’s fault as the work conditions were not safe and negligence was proven.

FREQUENTLY ASKED QUESTIONS

I am worried about claiming against my employer, what should I do?

Before bringing a claim forward, employees must not worry about their position within their place of work. You will not lose your job upon taking legal action against your employees as the job security legislation protects employees against dismissal if a claim is brought forward after a workplace injury *…

READ MORE

What do I need to make a workplace accident claim *?

Workplace accident claims * are made when a person proves that their injury at work * was caused by the negligence of their employer to provide a safe working environment. To start your claim, speak with a workplace accident solicitor *, they will help you obtain all the information you need to get started…

READ MORE

Will I have to go to court?

The vast majority of personal injury claims * are settled before stepping foot into a courtroom. Only a small percentage of claims each year go to court for a Judge to decide on the outcome of the case…

READ MORE

FREQUENTLY ASKED QUESTIONS

I am worried about claiming against my employer, what should I do?

Before bringing a claim forward, employees must not worry about their position within their place of work. You will not lose your job upon taking legal action against your employees as the job security legislation protects employees against dismissal if a claim is brought forward after a workplace injury *…

READ MORE

What do I need to make a workplace accident claim *?

Workplace accident claims * are made when a person proves that their injury at work * was caused by the negligence of their employer to provide a safe working environment. To start your claim, speak with a workplace accident solicitor *, they will help you obtain all the information you need to get started…

READ MORE

Will I have to go to court?

The vast majority of personal injury claims * are settled before stepping foot into a courtroom. Only a small percentage of claims each year go to court for a Judge to decide on the outcome of the case…

READ MORE



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