Cleaner Accident Claims*

Involved in an Accident as a Cleaner?

Being involved in an accident, regardless of how serious the workplace accident was, can be a traumatic experience – whether you have sustained any injuries or not. In cases where you are involved in an accident as a cleaner, that was not your fault, there may be a legal remedy.

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Common Cleaner Accident Claims*

Working as a cleaner, you may be exposed to hazards that could potentially impact your health and safety. Appropriate tools, training and safety measures are important for keeping you safe at work.

Employers have a duty of care to provide their employees with a safe working environment. If the employer is negligent in this duty and an employee is injured as a result of their negligence, they could be liable to a personal injury claim.

Employers must ensure that their employees have the required equipment to work safely without causing injury or accident.

If your employer does not provide you with the correct personal protective equipment (PPE) or training , you could be at risk of being injured from chemical exposure, or dangerous materials such as broken glass or contaminated needles.

Here are some common risks for those working in cleaning roles:

Chemical exposure

Cleaning staff often use products that contain strong chemicals, such as hydrochloric acid, sodium hydroxide and sulfamic acid. Most of the time, these can be used safely, particularly when appropriate PPE, such as rubber gloves, masks or eye protection, are provided.

Chemical and gas inhalation injuries, or burn injuries can happen when the cleaner is not provided with the correct PPE for the chemicals they are using. For example, if the chemical agent poses a risk to an individual’s respiratory system, the cleaner should have access to a protective mask.

If you have not been trained to use a chemical, that you would not reasonably be expected to know how to use, and you suffer an injury as a result, your employer could be held responsible for this injury.

Or if a cleaning product that is not approved for use in Ireland is provided to you by your employer, and this product causes you injury, your employer could be liable for any injuries caused.

To prevent accidents involving chemical agents, always use the protective equipment that has been provided. It is also important to check the relevant information provided on the label to see what precautions to take before using the chemical agent.

Needlestick exposure

Another common hazard cleaners may face is needlestick injuries. Healthcare cleaners, hotel cleaners or public facility cleaners are particularly at risk of encountering a used needlestick while cleaning, which could cause injury.

Needlestick injuries can expose to you to another person’s blood and could result in transmission of blood-borne infections such as Hepatitis B (HBV), Hepatitis C (HCV) or Human immunodeficiency Virus (HIV).

To prevent these transmissions, it is vital for a cleaner to take precautions to ensure they do not put themselves at harm. Suitable gloves are recommended to be worn, and where possible, a risk assessment completed prior to work being done to ensure a safe environment.

Where needles are found frequently, cleaners should be provided with a suitable container to safely dispose of any sharp objects.

Manual handling injuries

Cleaners are vulnerable to manual handling injuries, whether through repetitive strain or being required to carry heavy loads without the correct equipment or training.

Employers have a duty of care to their employees to minimise dangerous practices and procedures at work. This includes providing adequate manual handling training that demonstrates how to correctly lift items. No employee should be expected to carry loads that are beyond their capability as this could result in serious injury which the employer could be liable for.

Below are some additional injuries frequently experienced by cleaning staff:

• Manual Handling Injury Claims*
• Personal Protective Equipment (PPE) Claims*
• Dangerous Machinery Claims*
• Dangerous Practices and Procedures at Work Claims*
• Being Hit by Falling Objects*
• Slip, Trip and Fall in the Workplace*
• Broken Handrail Accident Claims*
• Chemical and Gas Inhalation Claims*

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What do I do if I'm involved in an accident as a cleaner?

Following a cleaner accident, there are a number of steps you should follow:

1. Seek medical attention

   Your health is your wealth and should be your first priority. Immediately after a cleaner accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident need medical attention. If you or anyone else involved has sustained a serious injury ensure that you contact an ambulance to attend the scene.

   For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to more serious injuries in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.

2. Report the accident

   It is critical to report the accident to your superior, i.e. a supervisor or manager on site. It doesn’t matter how small you think the accident may be. By law, accidents at work are required to be reported if the person is injured and can’t perform their daily work tasks for more than three days. Make sure to fill out an Accident Report Form. This can be used for reference in any medical examination and will also prevent any similar accidents from happening in the future.

3. Identify any witnesses

   If possible, try to collect the contact details of anybody that witnessed your accident. This may be of use if you do decide to pursue a cleaner accident claim. It is also useful to find out if there is any CCTV in the area where your accident happened.

4. Document the incident

   It is important that you collect all the relevant information in connection with your accident:

   • How the accident happened
   • Details of any witnesses
   • If there are any CCTV recordings of your accident
   • Take pictures of where the accident happened and what caused your accident

5. Speak to a cleaner accident claims solicitor

   If you are considering moving forward with a cleaner accident claim for any personal injuries sustained it is advisable that you speak with a cleaner accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Personal Injuries Assessment Board for assessment. A cleaner accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.

   It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.