Accidents at Work*

Employee Safety

Regardless of the type of injury at work, it is important to maintain whether the work environment (system of work) was unfit or hazardous, even in the case of human error. Ascertaining the details of how the accident occurred is very important for an accident at work claim. In a lot of cases, the employee who suffered the injury may be entitled to pursue legal action.

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Liabilty & Legal Protection

Making a claim starts with determining liability.

• Who is responsible for the cause of the injuries?
• Could this injury have been avoided if certain measures had been put in place by your employer?
• Or did you have the relevant tools needed to carry out the task that led to the injury?

In many cases, it is found that the employer is responsible for the accident due to a breach in their duty of care. In some cases, it can also be employees or customers/clients who may have led to the cause of the accident.

Safety, Health and Welfare at Work Act 2005

The Safety, Health and Welfare Act 2005 outlines certain duties which an employer and employee have in relation to ensuring health and safety at work.

Employer’s Duty of Care

All employers have a duty of care to their staff to ensure that their health and safety is guaranteed while they are at work. They have a responsibility to ensure that there are precautions and regulations in place in order to do this. Employers are required to carry out frequent risk assessments which will help to identify and eliminate potential hazards.

The duties of an employer include:

• Managing activities in a way which prioritises health and safety.
• Providing the correct training and protective equipment to employees.
• Ensuring that the working environment is suitable for the work that is to be carried out.
• Ensuring that any equipment needed is in a good working condition.

A breach of these duties by the employer can lead to accidents. If an employee has sustained an injury and it is found that it was caused by employer negligence then the employer is likely to be found liable.

Employee Worries

Often a worry for an employee is that they will lose their job if they bring a claim against their employer. This is not the case as job security legislation protects employees against dismissal if a claim is brought (against their employer) after an injury in the workplace.

Most prudent employers have employer liability insurance in place. This effectively means that their insurance company take over and look after the work related claims from an early stage. This can be good for all involved and takes the ‘personal’ element out of the process.

Don’t worry about being mistreated by an employer for making a workplace accident claim. These worries are normal. An accident at work is not the same as a road traffic accident between strangers. There is always a pre-existing employment relationship and this must be protected during the claims process.

Common Accident at Work Injuries*

Being involved in an accident at work, as an employee can be a traumatic experience, especially if you have suffered any personal injuries. The most common injury claims that can occur after an accident at work are:

• Slipped Disc at Work Injury Claims*
• Occupational Injury and Work-Related Illness Claims*
• Back Injury Claims*
• Back and Neck Injury Claims*
• Soft Tissue Injury Claims*
• Burn Injury Claims*
• Arm and Hand Injury Claims*
• Shoulder Injury Claims*

Learn more about Injury Claims