Workplace Accident Claims: Know Your Rights
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 email@example.com.