A workplace accident claim in Ireland seeks compensation for any injury you suffer in an accident at work. It could be a slip in the office canteen or a fall down the warehouse stairs, but if you are injured in a workplace accident that was not your fault, you may have a personal injury compensation claim*. 

Your employer owes you a duty of care when at work, and if they breach that duty of care and you are injured, you could have a compensation claim*. The employer may deny liability, but you can still make a personal injury compensation claim. 

When making any personal injury claim, such as a workplace accident claim*, you need an experienced hand on your shoulder. You will need someone to guide you through the process, with the experience to advise you along every step of what can be a complex legal exercise.

PBN Litigation Solicitors in Dublin have the expertise and that vital experience in personal injury claims to be with you throughout the process and to get you the compensation you deserve.

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What is a workplace accident claim?

A workplace accident claim is when you bring a compensation case against your employer for an injury you suffered at work. Under health and safety legislation your employer must keep the workplace a safe place for employees and not put anyone in danger when at work. 

The employer must not breach their duty of care to you, leading to your suffering an injury that was not your fault. 

Common injuries seen in workplace accident claims in Ireland are:

  • Wrist injury claims
  • Shoulder and upper arm injury claims
  • Broken leg claims
  • Skin injury and scarring claims
  • Cut, sprain, and bruise claims
  • Soft tissue injury claims
  • Eye injury claims
  • Spinal injury claims

 Your solicitor can make a workplace accident claim for you. You are the one who suffered an injury in an accident that was not your fault, and you could have a workplace accident compensation claim. 

PBN Litigation Solicitors in Dublin can handle your case and advise you if you have a valid workplace accident claim for compensation.

PBN solicitors work with you to get the compensation you deserve.

We pride ourselves in taking the stress out of personal injury litigation by providing a service dedicated to the client.

Common workplace accident claims for compensation

Common workplace accident claims for compensation range from Repetitive Strain Injury for an office worker to back injury for a warehouse operative and cancer from clearing asbestos on a building site. 

The common workplace accident claims are seen every day in Ireland when an employee is injured in an accident that was not their fault while at work. The employer may have breached their duty of care, and the breach of duty of care could have led to the accident and injury. 

Common workplace accident claims for compensation:

  • Building site accident claim*
  • Farm accident claim*
  • Injury while working as a garda or a defence forces member claim*
  • Injury while working in healthcare claim*
  • Office injury claim*
  • Warehouse injury claim*

Injury while working on a building site

An injury while working on a building site can have you off work for months, and many people may find it difficult to return to employment after this type of workplace accident. 

You could be injured in a fall off scaffolding, when hit by falling rubble or suffer a stab injury from rusty steel bars. Any injury while working on a building site could have you in hospital and needing time for recovery. 

Personal injuries seen in accidents while working on a building site:

  • Eye injury from dust due to not having protective eyewear
  • A broken leg in a fall from scaffolding with loose boards
  • Blood poisoning from cut due to not having protective gloves
  • Shoulder injury when hit by truck on building site
  • Spinal damage due to a fall from a height at work

PNB solicitors can make your claim when you suffer a building site injury.

Injury while working on a farm

Injury while working on a farm can be very serious, with farmyards having one of the highest rates of workplace accidents in Ireland. A farm is a dangerous place with chemicals, power tools and heavy machinery in everyday use. 

You may suffer lung damage from exposure to fertilisers, break an arm in a fall or suffer crush injuries in an attack by a bull. 

Personal injury while working on a farm can be:

  • An ankle injury in a trip on an uneven farmyard
  • Back injury when lifting heavy goods
  • RSI from using machinery in the yard
  • Torn arm in tractor accident
  • Fall from a height in stables causes a back injury

All farm injuries may be seen as a workplace injury and you could have a personal injury compensation claim.

Injury while working as a garda or a defence forces member

An injury while working as a garda or a defence forces member can happen due to a lack of training in what can be an already dangerous workplace. The employer owes employees a duty of care and that is not any different with members of the gardai and defence forces. 

Personal injuries suffered may be:

  • Soft tissue injury due to lack of protective gear
  • Eye injury when not supplied with eye protection
  • Back injury due to lack of proper training
  • A fall from a height when not supervised by trained personnel
  • Injury when using equipment and not trained in its use

Working as a garda or a member of the defence forces is a dangerous occupation, but you should not be exposed to injury due to a lack of training and supervision.

Injury while working in healthcare

Injury while working in healthcare can be an assault while on duty in the Accident and Emergency department or a needle stick injury while dealing with sharps on the wards. 

Types of personal injury in healthcare settings are:

  • Facial injury in an assault while on duty in A&E
  • Blood poisoning from a dirty needle left on a counter
  • Exposure to infection due to a lack of PPE
  • PTSD from assault in a healthcare setting
  • RSI from lifting patients without a hoist or proper training

Healthcare workers are involved in heavy lifting and work in what can be dangerous situations. If you are injured in an accident at work that was not your fault, you may have a claim for compensation.

Injury while working in an office

Injury while working in an office, such as an RSI or a slip, trip and fall injury, may be due to an employer’s breach of health and safety regulations. A workplace injury can happen over time or directly result from an accident. 

Injuries while working in an office may be:

  • An RSI while working at a desk
  • Back injury from a faulty chair at work
  • A fall in the office canteen due to a wet floor
  • Hand injury from using equipment without training
  • Injury due to a lack of PPE in the office

You may have a workplace accident claim if you are injured while working in an office and the accident was not your fault.

Injury while working in a factory or warehouse

Injury while working in a factory or warehouse can range from broken bones to lacerations and soft tissue damage. The factory or warehouse can have a lot of tools and machinery, and you can suffer injury while using them without proper training. 

Injuries seen while working in a factory or warehouse can be:

  • Shoulder injury when hit by a forklift
  • Broken ankle in a fall on faulty steps
  • Bank injury in fall from height due to faulty harness
  • Burns from moving acids or other dangerous chemicals
  • Slip on an oily surface causes a back injury

If you are injured in a workplace accident that was not your fault or only partially your fault, you may have a claim for compensation. 

PBN Solicitors can handle your compensation for a workplace accident claim and deal with your employers and their insurance company.

Compensation for a workplace accident claim

Compensation for a workplace accident in Ireland can range from the low €1,000s for facial injuries or soft tissue injuries to awards of more than €1 million for a fall resulting in paraplegia and the need for full-time personal care for life.  

There is not one fixed compensation award, and your solicitor can only give you an idea of what is possible in a workplace accident claim. 

An employer may claim they cannot afford a compensation claim and ask you not to take the case, but employers liability insurance covers compensation claims and your employer should have it in place.

PBN Solicitors can explain how the process works and how your compensation claim will be a combination of two types of damages.

Damages in a workplace injury compensation claim

Damages in a workplace injury compensation claim are a combination of:

  • General Damages
  • Special Damages

In your workplace injury claim, the solicitor can advise you on how the two types of damages are relevant to your claim for compensation. 

General Damages in a workplace accident claim

General Damages in a workplace accident claim are for compensation for the pain and suffering you experience due to the workplace injury.  

For example, you could claim General Damages for the pain from the shattered ribs when you are hit by a van in the warehouse or the unnecessary suffering from nerve damage in an RSI at the office or doing factory work. 

General Damages may be claimed in any personal injury case where the injuries cause pain and inconvenience and affect your ability to exercise, drive, play sports and other activities. 

Special Damages in a workplace accident claim

Special Damages in a workplace accident claim are for the financial effects on your life due to the workplace injury, such as loss of income to the home when you cannot work after breaking your leg in a fall off scaffolding on a building site.

With Special Damages you claim for: 

  • The loss of earnings
  • Care costs today and in the future
  • Out-of-pocket expenses such as travel, medical appointments, further treatment

Special Damages are for the financial effects of a loss of income when recovering from a workplace injury or if you can only take lesser-paid employment in the future.  

You claim Special Damages to offset the financial costs of the personal injury, so you will not be out of pocket due to the actions of others. Each workplace accident claim is different from another one. The financial effects may be heavier on you than on someone in a similar situation. 

You may claim for what is needed to maintain a similar quality of life as before the personal injury. 

Your PBN Litigation Solicitor can guide you on what to expect in compensation and how to make your claim for a workplace accident. 

Contact PBN solicitors today for all your personal injury compensation needs.

Who is eligible for compensation in a workplace injury claim in Ireland?

You may be eligible for compensation when injured in a workplace accident that was not your fault or only partially your fault. 

You are the injured party, and if your employer’s negligence may have caused the injury, you can claim for the effects of the workplace accident on your life today and in the future. 

The financial dependents of a loved one injured in a workplace accident can make a claim for compensation in the case of their death or mental or physical incapacity to make the claim.   

If your spouse or adult dependent suffers a severe workplace injury, such as a spinal injury from being crushed by machinery on the factory floor, you can claim on their behalf for the cost of personal care for life, adaptations to the home and for ongoing medical treatments and therapy.  

PBN Solicitors can help make your claim from day one and advise you who is eligible for compensation and how to make the workplace injury claim.

Evidence to help support a claim for workplace injury

Evidence to help support a claim for workplace injury compensation is vital to the successful outcome of the claim. You will be asked to provide evidence that you were injured and that the injury has had an effect on your life. 

The more evidence you can produce, the better it will be for your claim, and you should:

  • Photographs of the workplace where the accident happened
  • Take photographs of the machinery, equipment and vehicles involved
  • Get CCTV footage if possible
  • Get contact details of all witnesses to your workplace accident
  • Get the workplace accident report from your employer
  • Get the medical records from the emergency services if they were involved
  • Have details of all workplace training and health and safety guides
  • Take photographs of your injuries at the site of the accident
  • Get copies of doctor and hospital reports
  • Have evidence of employment, such as payslips and a contract
  • Source a Garda report if the Gardai were involved
  • Keep any other evidence you may think is relevant

The evidence you produce will help with your workplace accident claim. PBN solicitors can help with the evidence gathering and put it towards making a valid workplace accident claim.

Injuries Resolution Board

The Injuries Resolution Board, was introduced by the government to simplify and standardise personal injury claims in Ireland. The Injuries Resolution Board works with you, the injured party and with the negligent party to get you the compensation you may deserve.

A workplace accident injury is also a personal injury. You can use the Injuries Resolution Board when making a claim, and your personal injuries solicitor will advise you through the process.

A personal injury solicitor can be your representative with the Injuries Resolution Board. The personal injury solicitor will have the experience of working with the IRB and can advise you on every aspect, from filling out forms to knowing what your claim is worth.

All personal injury claims, except medical negligence, must go through the Injuries Resolution Board. The IRB will then work with all sides to come to a resolution to your personal injury claim.

If the negligent party refuses to accept your workplace accident claim, or you are unhappy with the compensation offered, the PRB may recommend taking the action to the courts.

Your personal injury solicitor will be ready to take legal action and be your representative when in court.

PBN Litigation Solicitors can handle your PRB claim and, if necessary, take further action by going to the courts for your workplace injury compensation claim.

How to make a workplace accident claim

There are a few steps to follow when you make a workplace accident claim in Ireland.  

Making the workplace injury claim may seem daunting, but with the help of a personal injury solicitor, you can navigate your way through what could be a complex process.  

The steps to follow when making a workplace accident claim in Ireland are:  

You should engage a personal injury solicitor as soon as possible to further your workplace accident claim. The Team at PBN Litigation can advise on your case and how it could proceed. 

With our no-obligation consultation, we can meet with you in confidence and advise you on the strengths of your case. 

To investigate your case, we will request an initial medical report from your doctor to outline the injuries you sustained in the workplace accident.  

Updated reports with a final prognosis from your doctors will be taken up before your case is settled.  

We will help investigate your case by taking witness statements or by making Data Access requests for CCTV footage / personnel files. 

Submission of the workplace injury claim to the Injuries Resolution Board will follow. Upon receipt of your medical report from your doctor, we will submit the claim to the IRB.

The IRB. will contact the negligent party and their insurers. The negligent party has 90 days to confirm to the IRB as to whether they will consent to the RIB assessing the case or decline to permit the IRB to assess the case.

If they agree to permit the board to assess the case, IRB has nine months to do so. The IRB can also extend this period if they wish to do so by a number of months.

Within the nine-month period, you will be sent for an independent assessment by an independent injuries board doctor.

The PIAB will issue a Letter of Assessment to you and to the negligent party. In the letter, they will outline what compensation is due to you for the personal injury.  

If you and the negligent party agree to the Letter of Assessment, the PIAB issues an Order to Pay, where the negligent party must pay the compensation payment to you by a specific date.  

Unfortunately, you may need to go to court if the negligent party denies responsibility for the workplace injury or the two sides cannot agree on an acceptable level of compensation. 

Going to court may be the final step in resolving your workplace injury case. Your solicitor will take over the running of your case from the PIAB when court becomes the only option.  

Your solicitor will issue the court proceedings and advise you along every step of what can be a difficult process for the family. 

Court proceedings can be protracted, and you will need experience and expertise on your side when in the courtroom.  

In some cases, a claim is settled on the steps of the court when the negligent party meets the person who suffered the personal injury. 

What are the time limits for making a workplace injury claim in Ireland?

There is a two-year time limit for a workplace injury claim in Ireland. You should start the process of engaging a solicitor and by applying to the IRB before the two-year limit is reached.

You should make the workplace accident claim immediately after realising you are suffering from it. The date of realising may be beyond the two-year limit in some cases, such as a pain that only becomes obvious a few years after you suffer the workplace accident.

You could see another doctor with what you think is a different complaint, but they may see a path back to the injury on the factory floor or to falling down the stairs at the office.

PBN solicitors will know from experience how to deal with time limits when processing your workplace accident claim.

Can you lose your job for making a workplace accident claim?

No, you cannot lose your job for making a workplace accident claim in Ireland. The Unfair Dismissals Act outlines several categories under which a dismissal is seen as unfair. 

Sacking an employee for taking legal proceedings, such as a workplace accident claim, is seen as unfair. Irish employment law protects your rights and gives you a course of action for an unfair dismissal. 

You can bring a case to the Workplace Relations Commission for an unfair dismissal if your sacking is a direct consequence of you starting a compensation claim for a workplace accident.

The Health and Safety at Work Act (2015)

The Health and Safety at Work Act (2015) outlines an employer’s duty of care to employees in the workplace. The Health and Safety Authority also outlines an employee’s responsibilities and how to behave when at work. 

The employer has a responsibility to employees under the Health and Safety Act to:

  • Provide a safe place of work for all employees
  • Provide suitable and properly maintained equipment and machinery
  • Provide suitable breaks and rest periods throughout the working day
  • Not put employees at risk in the workplace from chemicals and equipment
  • Provide full training on health and safety to employees
  • Provide adequate PPE to all employees
  • Provide a trained safety officer in the workplace
  • Provide a full risk assessment for all procedures and equipment

If an employer does not carry out their duties under the Health and Safety Act, it may be seen as a breach of duty of care to employees. 

When a breach of their duty of care causes an accident in the workplace, and you are injured, you may have a workplace accident compensation claim. 

PBN Solicitors can make your workplace accident claim in Ireland and help get you the compensation you deserve.

Start your Workplace Injury Claim Today

Start your workplace injury claim today by contacting PBN solicitors.

If you have suffered from a slip, trip, or fall at work, have broken a leg in the warehouse or were assaulted in the course of duty, then PBN solicitors have the experience and expertise to manage your compensation claim.

You, the client, are the one injured and in recovery. The last thing you should have to worry about is dealing with the IRB or the courts when recovering from a workplace injury.

PBN solicitors can take on your case and work with you to get the compensation you deserve.

We pride ourselves in taking the stress out of personal injury litigation by providing a service dedicated to the client.

Contact PBN solicitors today for all your workplace injury compensation needs.