Workplace Injury Claim Guide

Workplace Injury Claim Guide


Workplace injuries can create an uncomfortable situation at work because often the employee  needs to make an injury claim but does not wish the working relationship to become strained or difficult.

This is why the area of workplace injuries is best left to a specialist solicitor who is used to navigating these potential difficulties without straining the relationship any further than necessary.

At Rogers Solicitors we are experts in Workplace Injury Claims. Please feel free to call us to discuss what happened to you at work. We will provide an impartial and informative view on whether you have a legitimate claim and what you need to do next. We will never pressure you to take a claim or to use our services. 

What is the first step in the process?

The first step is to clarify that the injury was a result of a workplace accident. The employee must have suffered some type of injury – either physical or emotional – during the course of his or her employment in order to be eligible to make a claim.

It is therefore vital that professional medical treatment is sought as soon as possible whether with your family doctor or at the A&E department of your nearest hospital.

You should not wait long to seek medical advice. Should you wait until seeking professional treatment, and initially depend on first aid at work, or care for your injuries by yourself when you return home, your employer’s insurance company – who will be responsible for paying your compensation – could accuse you of contributing to the severity of the injury you sustained at work by your own carelessness. You may not have your injuries at work claim thrown out, but the value of your final settlement could be substantially reduced.

Liability for a Work Injury Claim

Injuries at work do not always stem from the direct action – or inaction – of an employer. Other causes could be the neglect to provide and keep a working environment that is safe for staff through lack of action, training, or any other type of negligence – and when it is clear that the employer did not take the necessary precautions needed for the protection of employees for potential injury. In these cases, the employer would be acknowledged as the liable party.

In almost all circumstances, employers owe their employees a duty of care and, in order for a claim for injuries at work to be successful, the injury has to be a result of the negligence or breach of duty of someone who had a duty of care to the injured party. Cases where employees may be injured through their fault alone exist, but in the majority of workplace injury compensation claims, it is possible to determine that liability is held to the employer for not providing their employees with a safe place or system of work or proper training.

Claim for Injuries at Work and Contributory Negligence

In some situations surrounding a work injury claim, there is doubt as to who shall take responsibility for the accident and a court may subsequently decide, or the parties involved may concur, that the employer and the employer were both partially to blame for the injury sustained and in such situation, the principle of contributory negligence will come into play.

This would mean that the injured party may possibly have played a part in his or her own injury by behaving negligently when in the vicinity of known and clear threats to safety, or if he or she neglected to be treated by a professional medical practitioner within an appropriate time period which added to the deterioration of the injury.

If you have reservations as to whether or not you may be eligible for workplace injury compensation, or whether you may have contributed to the nature of your accident or the severity of your injury, it is recommended that you consult a solicitor at the earliest opportunity possible.

Making a Claim for Injuries at Work Compensation

The aim of this article is to inform you of the advantages of using a solicitor for assistance with injuries at work compensation claims but, it is possible to independently pursue a work injury claim through the Injuries Board Ireland. However, your solicitor could already have reached advanced stages of negotiations with the negligent party’s insurance solicitor at the same time the Injuries Board is trying to obtain consent from your employer to evaluate your claim, arrange for a medical examination and complete their examination.

In addition, it is entirely possible that the assessment made by the Injuries Board could be far less than you anticipated – or need – to cover medical expenses and support your family. If you find yourself in these circumstances, and you are then obliged to appoint a solicitor to assist you with pursuing your claim through court action, a lot of time may have been wasted in the course of your injury at work claim.

Even if your solicitor is participating in negotiations with the negligent party’s insurers, he or she will recommend that you submit an application to the Injuries Board simultaneously; but only after they have evaluated it to ascertain that your claim is assessed for the highest possible amount that you are entitled to. If a negotiation settlement cannot be agreed upon, it will take significantly less time to obtain an “Authorisation” from the Injuries Board which will be required to pursue your claim of injuries at work through the courts – as your application would have already been submitted.

Value of Workplace Injury Compensation

Numerous different factors are taken into account when pursuing injuries at work compensation claims. Not only can you qualify for compensation for the physical pain suffered due to a workplace accident or associated with an ailment which has manifested over a period of time, but you may also be eligible for any emotional trauma that you have experienced as a consequence of your injury and the impact it has on your quality of life.

You may also be entitled for extra compensation if the injuries you sustained affect your quality of life – if your injuries restrict you from carrying out day-to-day tasks, participating in leisure activities or hobbies or enjoying social activities. This “loss of amenity” can be a substantial element in an award for workplace injury compensation, especially if you have young children or elderly parents who rely on you for their wellbeing, or if you have developed depression due to your injury.

Any quantifiable financial expenses could also be reimbursed – not just your loss of income but also the cost of specialist medical treatment, the necessity of using alternative forms of transport if you can no longer drive and the re-construction of your home if your workplace accident has rendered you confined to a wheelchair. A consultation with a solicitor will be beneficial in determining what costs you can be reimbursed for and therefore you should retain any receipts for anything you spend while in recovery from your injury.

Advice on Pursuing a Claim for Injuries at Work

As you may have discovered from the information given in the above article, no two injuries at work compensation claims are identical – even when injuries suffered are the same. Your employment status, direct approaches by insurance companies and, in some cases, your profession, must all be accounted for, as these factors may impact on the value of your compensation claim for injuries at work.

You would be, therefore, well advised to obtain advice on workplace injury compensation claims from an experienced solicitor as soon as practically possible after you have been treated for your injury by a medical practitioner. Most solicitors offer a free initial consultation to assess your individual circumstances and will advise you on the viability of your injuries at work compensation claim.

If it is recommended that you proceed with your work injury claim, your solicitor will give assist you with the procedures you should take to back up your claim for an injury at work, make sure that you receive the highest compensation settlement that you are eligible for and he or she will go through the process in a way that will reduce the risk of conflict between you and your employer.

Injuries at Work Compensation Claims: Summary

  • Injuries at work compensation claims can sometimes cause unease as you do not want to possibly strain the working relationship with your employer.
  • The threat of disagreeable conflict may be reduced if you engage a solicitor you assist your claim for injuries at work.
  • A solicitor will make sure that liability for the injury is determined and will aid you with your application for assessment to the Injuries Board.
  • The solicitor will also try to resolve your workplace injury compensation claim in the quickest way through direct negotiation with your employer’s insurance company.
  • A work injury claim does not have to stem from a specific occasion – workplace injuries can develop over time and, if you have been diagnosed with an injury attributable to work, you would be well advised to consult a solicitor at the first opportunity possible.

It is worth noting that no two claims for workplace injury compensation are ever the exact same. If you have sustained an injury at work and believe that you may have a potential compensation claim for injuries at work, it is highly recommended that you discuss all of the points raised in the article above with an expert solicitor at the first practical opportunity.

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Discuss your case with an expert solicitor.

We promise to provide impartial advice and to help clarify your next steps. Whether you decide to move your case forward or to use our services is entirely at your own discretion.

Speak with a Solicitor Now by calling us on 085-881 8857