An accident at work is defined as an external, sudden, unexpected, unintended incident during the execution of work or arising out of it, which may lead to an injury and /or fatality and /or material and /or environmental damages.
An employer is legally obliged to take reasonable steps to protect the health and safety of employees to reduce the incidence of accident at work claims and if he fails to do so and an employee embarrassment and reluctance on your part.s injured then the employer will be liable to pay compensation for personal injury.
In order to prove a case of negligence against an employer, you must show that the employer has been negligent in failing to provide a safe working environment.
Irish work safety legislation specifies exactly what is expected of an employer for many different working environments and it is not always necessary to prove negligence in order to succeed in a work accident compensation claim.
If an employer has failed to carry out his statutory duty then he may be absolutely liable for his acts even though the employer was not to his knowledge at fault. This makes the employer absolutely liable for any injury suffered by an employee as a result of a breach of relevant regulations and an action for breach of statutory duty can often succeed where an action based on negligence cannot.
It is also a requirement that adequate employee training is provided by the employer. An employer is required to provide competent co-workers, adequate materials and a safe system of work with proper training and supervision which means that if you are injured as a result of a co-workers negligent mistake, or as a result of dangerous or faulty machinery, equipment or premises, or as a result of unsafe working practices, or lack of proper supervision or training, or due to inadequate safety equipment or protective clothing or a breach of the regulations then you will be able to claim compensation for an accident at work.
For further information or to arrange a consultation, please contact:
Matthew Molloy
Accidents at Work – Frequently Asked Questions
Embarrassing to sue employer?
Employees can be reluctant to sue Employers in cases where the Employee wishes to continue to work with that Employer. This embarrassment is understandable. Generally, in large organisations, there is not as much reluctance to sue. The general approach which Employees take is that, if the injury is a minor one, it might not be worthwhile to sue , as this can damage the relationship; however, if the injury is serious (especially if it is likely to last long into the future) then the Employee will sue. Usually, it is the Employer’s Insurance which pays the compensation.
If I am injured at work, can my employer sack me if I claim?
Your Employer is not permitted at law to dismiss you if you make an accident claim especially if there has been a breach of the health and safety at work regulations. In summary, if your injury is serious, you should proceed even though there might be some degree of embarrassment and reluctance on your part.
Who is to blame for accident at work?
There is a heavy onus on Employers to ensure that Employees do not become injured at work. Accordingly, the Employer is under many obligations to ensure that the work place is safe, that prudent procedures are used in work processes, that the work- station is laid out so as not to cause injury and that activities are monitored so as to keep risk of injury to a minimum. Accordingly, it is easier than one might expect to show that an Employer is liable for an Injury.
What procedure is involved in a claim for an accident at work?
It is done by way of the Injuries Board process; if the Injuries Board process is not successful, then you must proceed to Court.
What witnesses should I bring in a case of accident at work?
Usually you will bring witnesses who saw the accident occur and your personal injury solicitor will help to decide what other witnesses are required depending on the facts of the case.
Do i need to go to court for accident at work?
Most injury cases are resolved out of Court so there is generally not any need to go to Court.
