News & Info

In Ireland, red weather warnings are issued by Met Éireann to alert the public of dangerous weather conditions that pose a serious risk to safety. These warnings advise people to avoid unnecessary travel and to stay indoors where possible.

But what happens if your employer ignores the advice and insists that you travel to work? If you’re injured in a storm while commuting during a red weather warning, is it possible to make a claim for compensation?

Understanding an employer’s duty of care

Employers in Ireland have a legal obligation to provide a safe working environment and to ensure the health and safety of their employees under the Safety, Health and Welfare at Work Act 2005. This duty extends to decisions that could impact your safety while travelling to and from work.

Ignoring a red weather warning and requiring employees to commute in dangerous conditions, such as the high winds experienced in Storm Éowyn, could be seen as a breach of this duty of care. Employers are expected to consider weather alerts and implement reasonable alternatives, such as allowing employees to work remotely or postponing non-essential work until conditions improve.

Can you make a claim for an injury sustained on your commute?

If you are injured while commuting to work during a red weather warning, your ability to make a claim will depend on the specific circumstances of your case. Here are some key factors to consider:

1. Was your employer negligent?

To pursue a successful personal injury claim, you must prove that your employer was negligent. This could involve demonstrating that:

• They ignored a red weather warning.
• They required you to commute despite the risks.
• They failed to explore alternative options, such as remote working or delaying your shift.

If your employer insisted you travel in dangerous conditions, and this decision directly contributed to your injury, you may have grounds for a claim.

Again, every case is different, and some workers will be required to work in a red weather warning, such as emergency workers. In these cases, the employer may not necessarily be negligent.

Given the nature of their roles, employers should proactively inform their employees if they are deemed essential workers during a red weather warning. This ensures employees are aware of their responsibilities and the necessity to work under such conditions.

For instance, those working in utilities services such as water, electricity or communication networks, might not always consider themselves to be an essential worker, but their employer may do, as they may need to address power outages or downed power lines.

On the contrary, there are scenarios where an employer might consider a job essential, but it may not be critical during the storm, such as insurance companies handling claims for damages, which can be addressed post-storm rather than during it. This is where professional legal guidance can help establish whether you have a case or not.

2. Were you acting within the scope of your employment?

Commuting injuries typically fall outside the scope of workplace injuries. However, if you were travelling during the storm specifically at your employer’s direction, or for work-related purposes, your case may be treated differently. For example:

• Were you travelling to a specific location at your employer’s request?
• Were you on a business-related errand?

These details could affect whether your injury is considered work-related and eligible for compensation.

What should you do if you’re injured while commuting in a red weather warning?

If you’re injured while commuting during a red weather warning, there are several steps you should take:

1. Seek medical attention: Your health and safety come first. Seek medical attention for your injuries as soon as you can.
2. Document the incident: Record details of the accident, including the weather conditions, your route, and any communication with your employer about travelling to work.
3. Gather evidence: Take photographs of the accident scene, storm damage, damaged property, or hazardous conditions. Keep copies of any weather warnings issued by Met Éireann.
4. Report the incident: Notify your employer about the accident and your injuries as soon as possible.
5. Seek legal advice: Consult an experienced personal injury solicitor to assess your case and determine whether you have grounds to make a claim.

A solicitor specialising in personal injury claims can provide valuable guidance on your case. They will evaluate the circumstances of your injury, gather evidence, and negotiate on your behalf. If your case goes to court, they can represent you to ensure you receive the compensation you deserve.

To find out more contact us for a free consultation to discuss your case. Our experienced team will guide you through the process to get the best possible outcome for you.