Suing an Employer for a Work Accident

If you have had an accident at work through no fault of your own, you could sue your employer for compensation. This involves making a personal injury claim.

Can I sue my employer?

You can make a personal injury claim against your employer if –

  • You are an employee
  • You were injured or developed an illness while carrying out your work duties
  • This injury or illness happened through no fault of your own
  • The accident happened in the last two years, or you discovered your injury/illness in the last two years

To find out for certain if you can make a claim, contact our personal injury lawyers for advice. During a free no obligation consultation, we can say whether you are entitled to compensation.

Work accident claims happen for all kinds of reasons. It’s not just employees in ‘dangerous’ jobs who suffer accidents, such as those who work on farms or construction sites. Work injuries can affect office workers, hospital staff, hairdressers and factory workers – in fact, they can affect any employee.

Why can I sue my employer?

Your employer has a legal duty to protect your health and safety while you work. This means complying with different health and safety legislation. If your employer fails to meet this obligation, causing you to suffer an injury, you are entitled to recover your damages.

In short, you should not be harmed while you work. If you are, the law says you deserve compensation to reflect the pain, suffering and financial losses you have wrongfully incurred.

You might think that your employer is not directly to blame for your injuries. For instance, maybe a colleague ran you over with a forklift truck. However, your employer is responsible for hiring competent staff, and for providing the correct training and supervision. So, even if you are injured by a co-worker, your employer may still be at fault.

Will I lose my job?

You should not lose your job if you decide to sue your employer, nor should you be treated less favourably. It is your legal right to claim compensation. Often this is a lifeline, especially if your earning capacity or income has been adversely affected.

If you are treated any differently at work because of your decision to make a claim, please tell our solicitors straightaway.

How do I make a work accident claim?

If you are injured at work, you need to –

  • Report the accident to your employer and ask that an accident report form is completed.
  • Seek medical attention for your injuries. Even if you don’t think you need any medical intervention, it will aid your work accident claim.
  • Get the names and contact details of any witnesses who saw your accident.
  • If possible, take photographs of the site of the accident and your injuries.
  • Speak to our solicitors. We offer a free enquiry with a legal expert, during which you can ascertain whether you are able to make a claim.
  • Keep a record of your financial losses, including money you have spent on medication, travel to receive treatment and your loss of income. Keep receipts where possible.
  • Keep a diary of your accident and recovery process. Write down what happened during the accident and the ways in which your injuries are impacting your life. You will be asked to provide a witness statement and your memory may fade, so this will be a useful prompt.
  • Leave the rest to us – we’ll handle everything else for you, leaving you free to focus on your recovery.

Most work accidents claims must be made within two years of the accident. There are some exceptions – for example, if you did not know that you were injured. Even so, it is best to get early legal advice. Otherwise, you may miss your chance to get compensation.

What happens next?

Your next step is to contact us for a free, no obligation consultation. We can say whether you are able to sue your employer. If so, you must decide whether you want to make a claim.

If you do, we’ll gather the evidence and submit a claim to the Personal Injuries Assessment Board (PIAB). If your employer rejects the assessment, or we do not think you are offered a fair amount of compensation, we will pursue the matter through the courts instead.

If you want to know more about the process, contact us for a free initial enquiry. We can answer your questions, explaining everything you need to know about making a work accident claim.

Contact us now

We are client focused and results driven. If you have had an accident at work and want to make a personal injury claim, please contact us. We are here to help.

Call us on 051 391 488 or email reception@mullinstreacy.ie for a no obligation enquiry.

 

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