Unfortunately, accidents at work are all too common an occurrence. Employers are obliged under Health and Safety Legislation to ensure, where possible, that their employees do not suffer any injury at work and there is a lot of legislation creating obligations on employers to prevent accidents occurring in your place of work.

Injuries sustained due to an accident at work can cause untold distress and may well have lasting implications for an individual, understandably, people are often apprehensive about taking a personal injury* case against their employer.

Pursuing a legal action against an Employer

Doyle & Company LLP (incorporating Rory Quigley & Co) understand the tension associated with a case against your employer. However, we stress to clients that most employers have insurance for this very scenario. We also remind clients that their injury could potentially cause them distress for much longer than they’re employed at their current workplace.

In the event of an injury at work you should

• Notify management of the incident. From here, management will note the accident and put the incident on record.
• Request a copy of this report and read through it thoroughly to ensure all information recorded is accurate.
• Medical attention for an injury should be sought as soon as possible.

If proceeding with a workplace personal injury* case, the first step will be submitting your claim to the Injuries Board. We can help you in preparing your application for the Injuries Board and ensure that you follow the process in the correct format.

It is important to remember to keep copies of any expenses that you have incurred as a result of the accident and also to retain copies of medical reports where possible.

Assessment of your case

If you do proceed with a workplace personal injury* case whether the matter be assessed by the Injuries Board, settled with an Insurance Company or runs to a full hearing in Court the following will be the way that your claim is assessed:

General Damages

This relates to damages that may be awarded for your injury for pain and suffering and/or physical and emotional injuries following an accident. Both your pain and suffering to date and any pain and suffering into the future will be considered when assessing your personal injury* claim.

Special Damages

This is the term used for any out of pocket expenses that you have incurred as a result of your accident. This would usually include the following – any loss of earnings arising, medical bills, medication expenses, physiotherapy.

Statute of Limitations

It is critical to note that you only have two years from the date of your accident to take a personal injury* claim and it is therefore important to notify your accident as soon as reasonably practical.