In Ireland employers in all businesses have a duty of care to their staff and employees by providing them with a place of work that is not only safe but also a safe way of working. By law the employees must be covered by insurance.
There are simple standards of duty of care in that all employers have to take what is called practicable and reasonable measures to ensure that all tools, equipment and machinery are well maintained and fit for their use, that employee workplace is safe and free from any danger, that the work systems are safe and written procedures are available for all and that employees receive appropriate and correct training for their jobs not only on their machines, tools and equipment but also on what they have to do if there is an accident in order to control any possibility of both further injury and that the injured get prompt aid.
If it happens that a workplace injury occurs in the circumstances where the employer has fallen down in the duty of care to the employee, then the employer can risk being held responsible for any personal injury, trauma and possible loss as a consequence of the workplace accident. If there is an accident at work * always;
- Make sure that the injured are looked after and are made as comfortable as possible
- Administer first aid, where applicable and if necessary call an ambulance for those that need it.
- A report should be made to the relevant supervisor or manager about the accident as soon as possible.
- Check to make sure that the relevant manager or supervisor records and notes the time, date and location of the accident.
- If your manager or supervisor asks you to countersign the report of the accident you should make sure that you agree with the contents and ask for a copy. If you are in doubt, you should seek the advice of a Personal injury solicitor before putting your signature to the report.
- Never ever admit liability either verbally or in writing for any part of the accident and certainly do not discuss what happened in the accident with work mates.
- Write down exactly what happened prior to the accident, such as the state of the machines or surface situation, etc. Take photographs with your mobile phone of the accident scene if you can.
- Write down the contact details of anyone who was a witness to what happened.
- Go see your GP for a medical assessment or attend the local A&E.
- Always seek the advice of a personal injury solicitor to protect your legal rights.
Irish employers must have accident or work insurance and if you suffer an injury while you are at work that accident or work insurance may compensate you for those injuries * suffered. It is however a simple fact that some employees do not want to bring a claim against their employers for fear of a backlash against them resulting in them possibly losing their jobs or suffering other discrimination.
Employers are bound by Irish law in that they are legally responsible for providing employees a safe workplace. No employee should allow their employer intimidate them or talk them out of seeking expert legal advice about a potential claim. If the accident was partially or totally your own fault you may not be entitled to make a claim, but even if there is a doubt it is worth writing down what exactly happened all the facts before deciding that you were possibly at fault or partly at fault. A personal injury solicitor can provide legal advice about whose fault it is and exactly who is responsible for the work accident
