Work Injury Claim in Ireland – the decision.
The inherent difficulty in making a claim against your employer for an injury suffered during the course of employment is the fear of losing your job or because such a claim might upset an existing working relationship with their employer.
Although the law does protect you if you are injured at work from being penalised or threatened with dismissal for making a work injury claim in Ireland, this does not always translate into the person who has to make the claim feeling secure in their employment. This issue has also been more pronounced during the recession as most people who were working were glad to have a job and didn’t want to be seen to rock the boat.
In reality, most employers will be genuinely upset that a employee has been injured due to their lack of care and its good to remember that that any work injury claim in Ireland will paid by the employer’s public liability insurance company, so you should not be concerned about your fellow employees suffering financially due to making a work injury claim.
Work Injury Claim in Ireland – the issues.
There are a number of issues with work injury claims in Ireland that you do not encounter in other personal injury claims.
The first is your employment status. You need to be an employee in order to bring a claim against an employer. With developments in how and where we work, there are many different categories of work relationships – self employed or an agency worker, for example. While the change in status wont be fatal to your case, it just means that the liable person isn’t your employer.
The second issue is the legal status of the liable person.
The third is any assertion of contributory negligence by the liable person – this is where they believe that you are in some way responsible for the injury received. If successfully argued that you are, in part, responsible then your potential award will be reduced by a percentage figure.
Fourthly, you should always gather as much information as possible for the scene of the accident as well as all of the relevant letters/emails & documents. Use your phone to take pictures of the scene, if possible, and retain the photos for your consultation with us. Sometimes the site where the accident can be changed or altered very soon after the accident and a photo record is the best evidence. Even if you haven’t taken photos at the time, send someone afterwards to take photos – the sooner the better.
Fifthly, you should survey the scene to ascertain (1) if there is good lighting and (2) if CCTV cameras could have caught the incident and recorded it. We can bring an application to Court to have sight of the CCTV recordings. If the CCTV images show negligence on the part of the property owner/local authority, then liability will usually be admitted and the case will resolve quickly
At O’Kelly Solicitors, we always give fair, honest and open advice on all types of work place claims in Ireland. If you, or one of your loved ones, have been injured in a work place accident, please feel free to call Mark O’Kelly on 086 7889753 or via email to email@example.com. Our contact details can be found here.