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Workplace accidents are distressing and can have significant physical consequences and impact your ability to earn a living as well as affect your wellbeing and mental health.
Under health and safety legislation, your employer is obliged to provide you with a safe workplace. If you have suffered injury or illness due to your employer’s negligence, then MKS Solicitors is here to help you.
MKS Solicitors understand the effect that a workplace accident can have on your life and we can guide you and assess your legal options.Speak to a member of our team today to start your personal injury claim.
Workplace accidents are covered by the Safety, Health and Welfare at Work Act 2005, which sets out the duties of your employer to ensure employees are safe at work, including risk assessments, safety measures, and providing a safe environment and appropriate training. If your employer has been in breach of this duty and you are injured as a result, then you may be entitled to compensation. Workplace accidents can arise in many settings such as:
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The first step in a criminal law case is when an allegation has been made against an individual. If you have been accused of a criminal offence, have been arrested and are being held in a Garda Station for questioning, or you have been asked to attend a voluntary interview, get in touch with us as soon as possible. We offer 24/7 legal support, 365 days a year. We will guide you through your options, inside and outside the Garda Station, as well as advising you on the best course of action to ensure the best possible outcome for your case.
We understand the stress, anxiety and fear that you may be feeling if you have been accused of criminal wrongdoing. Our team of expert lawyers will communicate with you at every stage to ensure that any worries or concerns you have are alleviated. We will fight for you.
10,096 non-fatal workplace accidents were reported to the HSA in 2023, so workplace accidents are, unfortunately, common. Accidents at work can come in many forms but these are some of the more common types of workplace accident:
These accidents can occur in any setting and may involve spillages, defects in the floor surface, poor lighting, or clutter in walkways.
The HSA has estimated that nine people in Ireland are injured in workplace slips, trips, and falls each working day.
These types of accidents are common, especially in construction when working at height. Employers have an obligation to ensure your safety when working at height.
Falling from scaffolds or ladders, or from roofs, can lead to significant and catastrophic injuries for workers. Construction and farm workers are vulnerable to these types of injury.
Manual handling and heavy lifting are a leading cause of injury in the workplace, causing back injuries but also strains, and soft tissue injuries.
The HSA estimates that, in Europe 24% of workers suffer from back pain while 22% complain of other muscle disorders. Back injuries and other manual handling injuries are a leading cause of employee absence from work and early retirement.
Injury can arise from malfunctioning equipment, lack of adequate safety measures, inadequate training, or poor maintenance.
Many types of workplace, including farms, involve the use of machinery and heavy equipment and claims can arise where machinery causes injury or workplace fatality.
Workplaces can be hazardous and being struck by falling objects, struck by moving vehicles or equipment, or crush type injuries can have serious consequences for workers.
These types of accidents may occur on construction sites, in warehouse or retail environments, or in industrial settings, for example.
Performing the same motion repeatedly can cause various conditions, such as carpal tunnel syndrome and employers must provide appropriate equipment and adequate rest breaks to prevent such injuries.
Office workers and assembly workers may be vulnerable to this type of workplace injury.
Exposure to hazardous materials is a feature of some workplaces, and your employer must provide you with appropriate personal protective equipment and ensure that you are adequately trained in its use.
Gases such as carbon monoxide, liquids, dust, fumes, and other substance,s such as asbestos in particular, can all cause a range of injuries and health issues, such as respiratory problems, burns or scalds, and eye injuries, if they are not dealt with safely.
Road traffic accidents and accidents involving vehicles, including tractors, are a leading cause of workplace injuries.
Delivery drivers, public transport operators, and farm and construction workers, especially, are all vulnerable to serious, even fatal, workplace accidents due to mechanical failure, lack of communication, or operator errors such as speeding.
Working with electricity, such as power tools, wiring, electric panels, and circuits, is inevitably hazardous and can lead to injuries from shocks, burns, and electrocution.
Electrical accidents occur most frequently in construction, industrial settings, and in engineering.
Fires in the workplace can occur due to many factors, such as flammable materials, electrical faults, and unattended or faulty equipment.
These types of accidents lead to smoke inhalation and burn injuries and may occur in manufacturing, construction, warehouses, and kitchens.
Unfortunately, work-related aggression and violence can at times be a hazard for staff and can result in staff being abused, threatened, and assaulted.
Experiencing violence in the workplace can have a range of effects for workers and is prevalent in healthcare, public defence, security, education, and areas of work that involve contact with members of the public, such as transport, hospitality, and retail work.
There are a number of steps that you should take following a workplace accident.
Your first priority will be to look after your health and seek medical care as appropriate. This may be immediately following a serious accident, or if your injury only requires first aid at work, you may be advised to get it fully checked out by your GP or at a local A&E later on.
You must then report the accident to your employer and ensure that you log it according to procedures, usually in an accident book or log. Your employer must report certain accidents to the Health and Safety Authority (HSA), which is the body responsible for monitoring workplace safety in Ireland.
It is vital that, as much as you are able, to gather evidence at the scene of the accident, such as photos or video if possible, and that you note any hazards at the site. If there are witnesses, you may need to collect statements.
It is also important that you keep any medical reports and records that you are given, as well as any evidence of financial loss such as receipts, payslips etc. as these may be required at a later date.
Consult a legal expert such as MKS Solicitors, the trusted choice in workplace accident claims, as you will need information on your options and entitlements. If your injury is as a result of the negligence of your employer, you may be entitled to pursue compensation.
If you wish to make a personal injury claim through the Personal Injuries Resolution Board (PIRB) who are responsible for assessing your claim.
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We cover all criminal law matters, such as:
There is no set amount of compensation for workplace accident claims as the nature and extent of your injuries and the associated financial losses vary in each case.
In workplace injury claims, a type of personal injury claim, damages are awarded as general damages and as special damages. General damages are awarded for your injury, pain, and suffering, and special damages are awarded to compensate you for financial losses such as medical bills and loss of earnings.
There may also be contributory negligence which can affect the level of compensation awarded. Contributory negligence is where your actions are deemed to have contributed to your workplace accident such as ignoring safety protocols, or not wearing a seatbelt.
A workplace accident claim is a form of personal injury claim where you have sustained an injury due to an unsafe workplace or the negligence of your employer.
You may be entitled to make a claim for compensation for your pain and suffering and for your financial loss.
The Personal Injuries Resolution Board is the statutory body responsible for assessing your personal injury claim and recommending an appropriate level of compensation.
The PIRB website has more details on how to make a personal injury claim.
There is no definitive answer to this question as it can take time for expert medical and other evidence to be gathered.
However, the PIRB usually takes 7-9 months to assess a personal injury claim and recommend an award.
The statute of limitations is the time limit from the date of your accident or injury that you have to make a claim.
In Ireland, you have 2 years from the day of the accident to make a personal injury claim.
Medical negligence can happen in any healthcare facility, big and small, including hospitals, clinics, nursing homes, dental practices, private practices among others. It does not matter where one practices, in a specialty clinic, a hospital, or even in his or her own practice, the healthcare professionals have a legal responsibility to their patients. Any sort of conduct that departs from the standard of care is regarded as medical negligence.
You are entitled to access your medical notes and records via a freedom of information request. This allows you or your solicitor upon your authority via signed consent to take up your notes and records under the Freedom of Information Act 2014.
‘No win no fee’ arrangements are a means by which a solicitor will take on your workplace injury case regardless of your financial situation or legal experience.
Solicitors are prohibited from advertising ‘no win no fee’ services, but they are commonplace in Ireland.
It is against the law for your employer to fire or penalise you for making a genuine workplace accident claim. Under Irish employment law, you have the right to seek compensation if you’ve been injured due to negligence, without fear of losing your job.
If your employer were to dismiss you or treat you unfairly because you made a claim, this could amount to unfair dismissal or victimisation, and you may be entitled to bring a separate legal claim to the Workplace Relations Commission (WRC).
Here at Michael Kelleher Solicitors, we understand that workplace accident claims are complex and can be daunting.
Our firm has decades of experience in providing sound legal advice and securing the rights and good reputations of our clients and our expert team is available to advise you and assist you to navigate your workplace accident claim.
Contact us today to discuss your case in strictest confidence and we can advise you as to how best to proceed.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@54.75.63.4
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