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Injured at Work in Ireland? What You Need to Know About a Personal Injury Claim*

An injury at work can leave you wondering whether your employer is responsible and whether you can make a personal injury claim. An accident does not automatically mean that your employer is liable. It depends on how the accident happened, whether your employer failed in their duty of care and whether that failure caused your injury.

Does an employer have a duty to keep employees safe?

Yes. Employers have duties under health and safety legislation and under common law to take reasonable care for the safety of their employees. This includes providing, among other things:
  • A safe place of work
  • Suitable and properly maintained equipment
  • A safe system of work
  • Appropriate supervision and competent co-workers
The question is not simply whether an accident happened. A court may consider whether the employer acted as a reasonable and prudent employer would have acted in the circumstances. The circumstances of the individual employee can also be relevant, including their experience, age and knowledge. For an employee to succeed in a personal injury claim arising from an accident at work, it is necessary to establish the basis on which the employer is alleged to have been negligent or otherwise in breach of duty and that this caused the injury.

What should I do after an accident at work?

Your immediate priority should be your health.

Seek medical attention

If you have been injured, get appropriate medical attention and follow the advice of your doctor, physiotherapist or other medical professionals involved in your treatment. Your medical records may also become important evidence in relation to the nature and effects of your injury.

Report the accident

You should follow your employer’s procedure for reporting workplace accidents and inform the appropriate person within the organisation. Keep a record of what happened, when it happened and where the accident occurred. If there were witnesses, make a note of who they were. Depending on the circumstances, other evidence such as photographs, accident reports, CCTV footage or records relating to equipment may also become relevant.

Check your employment arrangements

If your injury means that you cannot work, speak with your HR department and check your employment contract and workplace policies so that you understand the arrangements for taking time away from work.

Get legal advice early

A solicitor can look at the circumstances of the accident, the available evidence and the medical position and advise you on the strengths and weaknesses of a potential accident at work claim. Getting advice early can also be important because evidence can become more difficult to obtain as time passes.

How long do I have to make a workplace injury claim?

For most personal injury claims in Ireland, the limitation period is two years from the date of the injury or, where applicable, the date of knowledge of the injury and its cause. The relevant legislation provides for this two-year period, subject to its specific provisions and exceptions. For example, if you suffered an injury after lifting a heavy object at work, the two-year period will generally be relevant from the date of the accident. However, not every work-related injury happens in one identifiable incident. Some injuries or illnesses can develop gradually as a result of something that has happened repeatedly over a period of time. In those circumstances, determining the relevant date for limitation purposes can be more complicated.

What if my injury developed over time?

A workplace injury does not always result from one particular accident. You may, for example, develop symptoms after carrying out the same task repeatedly over a number of years. You may not immediately realise that your symptoms are connected to your work. In these circumstances, the date on which the relevant limitation period begins can require careful consideration.

How are workplace injury claims dealt with in Ireland?

Most personal injury claims must first be made to the Injuries Resolution Board, unless the claim is settled at an early stage with the other party or insurer or another exception applies. The Board deals with employer liability claims, among other categories of personal injury claims. An application generally requires information about the accident and the injuries, together with a medical report. The Board can assess the claim where the respondent consents to the assessment. In workplace injury cases, mediation is also available as an option. If the matter is not resolved through the Injuries Resolution Board process, court proceedings may become necessary depending on the circumstances. A solicitor can advise you about the appropriate procedure for your particular case.

Does every accident at work lead to a personal injury claim?

No. Simply being injured at work does not automatically establish that an employer is legally responsible. The circumstances surrounding the accident need to be considered, including what caused it, what safety measures were in place, what the employer knew or should have known and whether the injury resulted from a breach of duty. This is why an early assessment of the facts and evidence can be important.

Getting Legal Advice After a Workplace Injury 

A workplace accident can raise important questions about your health, your ability to work and whether your employer met its legal responsibilities. The circumstances of every case are different. If you have suffered an injury or illness that you believe may be connected to your work, obtaining legal advice at an early stage can help establish what happened, what evidence is available and whether the circumstances may give rise to a claim. McCormack Solicitors’ personal injury solicitors advises clients on workplace injury matters in Carrick-on-Shannon and nearby areas.

FAQs

Can I make a personal injury claim if I was injured at work?

You may have grounds for a claim where your injury was caused by negligence, breach of duty or another basis of liability. An accident at work, by itself, does not automatically establish liability.

How long do I have to make a workplace injury claim in Ireland?

The general limitation period for most personal injury claims is two years, subject to the applicable legislation and circumstances.

What evidence should I keep after a workplace accident?

Medical records, details of the accident, workplace accident reports, photographs, information about witnesses and relevant employment or workplace records may all be important, depending on the circumstances.

Do workplace injury claims go through the Injuries Resolution Board?

Most personal injury claims must be made to the Injuries Resolution Board before court proceedings, subject to applicable exceptions. The Board deals with employer liability claims and also offers mediation for workplace injury claims.

What if my injury developed gradually rather than from one accident?

The legal position can be more complicated where an injury or illness develops over time. The relevant date for limitation purposes may require careful consideration, particularly where you only later become aware of the connection between your condition and your work. *In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Speak to A Specialist Solicitor

Wherever you are in Ireland, our team of experienced solicitors are ready to talk to you about your case. Just call  071 9621846 or email info@carolmccormacksolicitors.ie Alternatively, request a callback or send us a message and we will get right back to you.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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