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What to do After an Injury at Work

If you suffer an injury at work, you should tell your employer or manager about the accident. Then, you should seek medical attention and keep a record of your financial expenses. Last but not least, you should contact our personal injury solicitors to discuss a work accident claim.

What should I do if I have an accident at work?

If you have an accident at work, we recommend that you:

  1. Tell your employer or manager about the accident

Tell your employer or someone senior in the organisation (such as your manager) about the accident. If you tell them verbally, then it’s a good idea to follow up this conversation with an email detailing what happened and the injuries you sustained. That way, there’s a written record that can be produced if needed. Also ask to have your accident recorded in the company’s accident report book.

  1. See a doctor

If you need urgent medical attention, then this is obviously a priority; you can tell your employer about the accident at a later date. Even if you don’t require emergency treatment, we still suggest that you see a doctor. Tell them about your injuries and how they happened. This ensures that you get the proper treatment, which will in turn speed up your recovery. The doctor will also make a note in your medical records. This is helpful if you do later make a work accident claim, as it can be used to link your accident to your injuries.

  1. Keep your own record of events

Record your version of events regarding the accident and everything that happened afterwards. You can rely on this record if you are ever asked to recount the circumstances. This might happen if you make a claim and you’re asked for a witness statement. Keep a note of how the accident played out, what injuries you experienced, and how your injuries impacted your life. Include as many details as you can. You might think you’ll remember them all, but it’s amazing how memories can fade in a relatively short space of time.

  1. Check if the accident has been reported to the HSA

If you miss three consecutive days of work because of the accident (not including the day of the accident itself) then you employer must report the incident to the Health and Safety Authority (HSA). If your injuries force you to take three or more days off work in a row, ask your boss whether the accident has been reported to the HSA. Some employers may be reluctant, but it’s a legal obligation.

  1. Keep a record of your financial expenses

Your employer does not necessarily have to give you sick pay, even if you’re off work because of a work-related injury. This means you could lose earnings as a direct result of the accident. You may also incur other financial expenses, such as the cost of treatment, medication, travel and care. Keep a record of all the money you have either lost or spent because of your work accident. Also, keep the receipts where applicable.

  1. Speak to our personal injury solicitors

Finally, speak to our personal injury solicitors about making a personal injury claim. If you’re injured at work through no fault of your own, then you are legally entitled to recover your damages. We can tell you whether you have grounds for a work accident claim, and how to go about it.

What NOT to do after a workplace accident

We also recommend that you:

Don’t sign an admission of liability – your employer may try to pin the blame on you, and may even ask you to sign an admission of liability. Do not sign anything. If you already have signed such a document, don’t worry: we can ask the court to disregard it at your claim hearing.

Don’t worry about getting the sack – your employer is not allowed to dismiss you on the basis that you are making a work accident claim. This could amount to an unfair dismissal, giving you grounds to pursue an employment claim (in addition to a personal injury claim).

Don’t hesitate to get legal advice – speaking to a solicitor does not mean that you have to make a claim. It’s simply a chance for you to find out what your options are. If we say that you could make a claim, then you can decide whether or not to proceed.

Protect yourself and your future

We suggest that you take the steps outlined above, even if you currently have no intention of bringing a claim against your employer. Doing so protects your own personal position. It also leaves your options open, should you change your mind in the future.

We often hear from people who say they weren’t going to bring a work accident claim. However, they then realise that their finances have been so badly affected by their injuries that they desperately need to recover their losses. Others were given the false impression by their employer that they would be compensated for their lost earnings, only for the employer to go back on their word.

You never know what the future will bring. Your injuries could be far worse that you imagined. We always advise that you lay the groundwork for a claim, even if you later decide against it.

Speak to our personal injury solicitors

If you have been injured at work and you want to discuss a personal injury claim, contact us at Mullins & Treacy Solicitors. We are client focused and results driven.

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

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