I WAS INJURED AT WORK — WHAT ARE MY LEGAL RIGHTS?

If you have been injured during the course of your employment, you may be entitled to compensation. Employers are legally obliged to provide a safe working environment, and where an injury arises due to a failure to meet this obligation, an employee may have grounds to pursue a workplace accident claim.

Workplace injuries can occur across all sectors, including construction, manufacturing, healthcare, retail and office-based employment.

1. Employer’s Duty of Care

Under the Safety, Health and Welfare at Work Act 2005, employers are required to take all steps reasonably practicable to ensure the safety, health and welfare of their employees while at work.

This duty includes, but is not limited to:

• Conducting appropriate risk assessments
• Providing adequate training, instruction and supervision
• Maintaining safe systems of work
• Ensuring work equipment and premises are safe
• Addressing hazards that are known or ought to be known

A failure to comply with these statutory obligations may constitute negligence.

2. Common Causes of Workplace Injuries

Workplace accident claims frequently arise from incidents such as:

• Slips, trips and falls
• Manual handling injuries
• Accidents involving machinery or equipment
• Injuries caused by falling objects
• Repetitive strain injuries
• Poor housekeeping or unsafe flooring

An accident does not need to be unusual or dramatic to give rise to a valid claim.

3. Entitlement to Compensation

Where an injury has occurred due to an employer’s negligence, an employee may pursue a Personal Injury claim. Compensation may be awarded for:

• General damages for pain and suffering
• Medical and rehabilitation expenses
• Loss of earnings and future loss of earning capacity
• Special damages, including out-of-pocket expenses (since the date of the injury and in to the future)

4. Contributory Negligence

An employee may still be entitled to compensation even where they are found to have contributed to the accident. In such cases, damages may be reduced proportionately but not necessarily extinguished.

Each case will depend on its specific facts.

5. Will Bringing a Claim Affect Your Job?

The most common reason for someone not pursuing a Personal Injury claim against their employer is fear for their job safety.

A claim should not affect your employment, and your employer should not discriminate against you. By law, you are entitled to compensation if your employer has been negligent. They should never try to dissuade you from pursing this. You have a right to make a claim of this nature where your personal safety has not been protected.

Generally, claims are pursued against the employer however, they are handled by the employer’s insurers.

6. Steps to Take Following an Accident at Work

Following a workplace injury, it is advisable to:

• Seek medical treatment promptly
• Report the accident to the employer and ensure it is recorded
• Preserve evidence, including photographs and witness details
• Retain records of medical treatment and financial losses
• Obtain legal advice from a solicitor experienced in workplace injury claims

Timely reporting and proper documentation are critical.

7. The Claims Process

Many workplace accident claims are resolved without the need for court proceedings.

The process typically involves:

• Submission of a claim to the Injuries Resolution Board
• Engagement with the employer’s insurers
• Negotiation and settlement, where appropriate

Court proceedings are generally a last resort where liability or quantum is disputed.

8. Role of a Solicitor

A solicitor specialising in workplace injury claims can:

• Assess liability and statutory compliance
• Gather medical and expert evidence
• Manage the Injuries Resolution Board process
• Engage with insurers on your behalf
• Seek to secure appropriate compensation

Early legal advice can assist in protecting your rights and advancing your claim efficiently.

9. Statutory Time Limits

In the majority of cases, personal injury claims must be initiated within two years from the date of the accident, or the date of knowledge of the injury.

After two years, the claim becomes statute-barred.

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com  if you would like more information.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.  Many Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork”. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.