At Martin Harvey & Co. Solicitors, we are experts in personal injury claims, so we know that whether you are working on site or from home, work-related accidents are a significant concern.

In 2020, 7,417 non-fatal incidents were reported to the Health and Safety Authority, 96.3% of which were related to workers.

Of these reported incidents, the most common triggers were:

• Internal injury due to manual handling
• Slipping or falling
• Loss of control of object, machine, vehicle, etc.
• Aggression, shock, or violence
• Body movement leading to an external injury, such as a cut or bruise

Consistent with these findings, is the fact that the back is the most commonly injured area for workers, making up 20.4% of injuries. (Source)

What to do if you experience a work-related injury

If you experience an accident at work or on your way to work, you should report it to your employer. If you are absent for three consecutive days (excluding the day on which the accident occurred), your employer should report this to the Health & Safety Authority.  For a full rundown on when and how employers should report these incidents, see this guide from the Health & Safety Authority.

Your employer has a duty to ensure your health and safety, including the provision of a risk-free workplace, adequate training, and proper facilities. (Source) Some workplace accidents occur due to negligence on the employer’s part if they do not adhere to health and safety legislation and fulfil their duty of care. 

If you do not have grounds to raise a workplace accident claim against your employer, there are several potential means of obtaining financial assistance in the event of a workplace injury. Your employment contract will tell you whether you can avail of paid sick leave. Note that your employer has no legal obligation to provide this to you. Alternatively, you may be able to avail of the Occupational Injuries Scheme, or, depending on the extent of your injury, illness benefit or disability allowance. (Source)

If you can prove negligence or a lack of fulfilment of legal obligations on the part of your employer, you can raise a workplace accident claim against them. To support your claim, it is important to document the incident. Determine if there were any witnesses or CCTV in operation at the scene of the accident. Seeking medical attention once the injury has occurred will also provide you with medical records to support your claim. In some cases, the employer may try to prove that the injured party holds some responsibility for the accident, which is called contributory negligence. For this reason, it is strongly recommended to seek advice from a solicitor, who can guide you through the claims process and ensure that you are awarded the rightful amount of compensation.

At Martin A. Harvey & Co. Solicitors, we are specialists in the area of workplace accidents. We can provide professional advice with respect to your injuries and your particular rights regarding out of pocket expenses and the loss of your wages. Contact our team using our contact form on 021 496 3400 freephone or email us at maharvey@martinharvey.ie.

BACK TO WORK – ACCIDENTS IN THE WORKPLACE ON RETURN FROM POST COVID-19 LOCKDOWN

Under the Health & Safety at Work regulations in Ireland there are very clear obligations for employers to ensure the safety of staff and visitors on their premises and prevent workplace accidents.

If you are an employer, you have legal obligations to safeguard all people in your workplace. There are health and safety rules covering a wide range of issues such as the use of computers in the workplace, regulations on working with hazardous materials, construction regulations, manual handling regulations and many others.

Nervous about returning to work?

There is a need for increased vigilance when it comes to implementing health and safety procedures for employees soon returning to work. Hazard audits may not have been carried out during lockdown and there has certainly been reduced consultation between employers and employees in regards to real and perceived hazards.

The implementation of safety procedures to minimise new hazards has been sporadic, inconsistent or non-existent as a result of lockdown. Furthermore, resuming normal workplace activities after such a long period of enforced inactivity may result in a significantly altered workplace and new dangers and hazards. This comes with an increased risk around health and safety policy, procedures, and hazard audits.

It is at times like this, when we are most likely to forget about safety audits, that we must remember to proceed with them the most.

3 Easy Steps for Employers

Here are some simple steps that employers should consider in order to ensure that they are putting the safety of staff and visitors first.

1) Consideration should be given to possible changes in the workplace with an emphasis on new hazards. Carry out a full safety audit and hazard audit, ergonomic review and brief all employees before recommencing work.

2) After such prolonged absence, all staff should be refreshed on existing health and safety procedures, and updated on new health and safety procedures. These procedures will come about following the safety and hazard audit

3) New procedures and health & safety measures identified in the hazard audit of the new or enhanced work environment should be discussed fully with employees, and should be implemented comprehensively .

Had a workplace accident ?

Doctor’s appointments to attain medical reports for the Injuries Board process can be difficult to organise at the moment, but we can help you to arrange a medical review. The Injuries Board will accept applications filed by applicants or their injury solicitor without a medical report, which will help to speed up your case.

If you’ve experienced an injury in the workplace, please feel free to contact us here at Martin A. Harvey & Co. Solicitors on 021-4963400 freephone or email us at maharvey@martinharvey.ie.