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 PERSONAL INJURY :::
The following are the "do - and - dont" concerning a work accident in Ireland.
The employer in Ireland has a duty towards his employee to provide a safe system of work and employees are to be properly trained.
Often times however work places are often unsatisfactory but this is not sufficient in itself to succeed in a claim.
Certain Judges take the view that an employer is only obliged to do what is reasonable in the circumstances.
 DO
Always report the accident to ones employer or supervisor.
If there is no record of the accident or it has not been reported to the Gardi, this could cast dobut on the claim particularly from the point of view of the employer.
Go to a doctor or to a Hospital if it is deemed necessary.
It is often times the situtation that the question regarding the particulars of the accident may only be first officially known when you first attended with your Doctor or at a Hospital.
If you feel it is not necessary to go a Doctor and that this claim may go away, the Doctor will have a record of the initial attendance in the event that the particular injury becomes a more serious matter and it is necessary to bring a claim.
Remember that there is no obligation on an employer to pay the employee whilst the employee is out of work.
This is often misunderstood, Companies may have insurance arrangements whereby an employee is paid while out sick but this is not often the case. If somebody is out of work the Employee must seek Social Welfare benefit and on the other hand, he will normally be at a later stage claiming for loss of earnings from his employer because you are holding your employer responsible, verified loss of earnings will be recovered.
 DON’T
Don’t sign admission of liability or any other document which holds you responsible for the accident.
This is often very difficult because an employee is pressurised to sign a statement and does not wish problems within his job. Where possible politely decline to sign such document.
Don’t forget that insurance cover is very expensive in Ireland in relation to employer liability claims.
This means very often that there is an excess on the policy whereby the employer will have to pay a given amount such as €2,500.00 in any claim. This will mean that the employer has an influence and interest in the outcome of the case.
Don’t forget too that although the employee may have a cause of action against the employer for negligence which resulted in personal injury, this does not mean that the employer can necessarily dismiss the employee because a claim is being brought.
If the Employer tries to dismiss an employee on these grounds, the employer will have a separate action in the Employment Appeals Tribunal for wrongful dismissal.
No employer should risk an unfair dismissal action by letting the employee go following an accident, if there is a genuine accident at work the employer realises that the employee is entitled to compensation and that’s why insurance is arranged in the first place.
 INJURIES INCURRED IN PUBLIC PLACES IN IRELAND :::
Much has been said about people falling into pot holes and tripping on footpaths and this is often highlighted in the press.
It is the case that the Local Authority will have no objection to a person bringing a genuine claim.
They are responsible for roads, footpaths, public lighting and people pay directly or indirectly taxes in order to maintain the roads in good condition.
Here are some brief guidelines:
DO
Whenever possible take a photograph of the place where you had the accident.
This should be taken during daylight if at all possible if the accident occurred at night.
Keep a copy of the photographs.
Local Authority.
If there is a particularly bad danger or trap in your residential area, you should report it even if there has been no accident. This should if at all possible be done in writing.
Take the names of any witnesses in your accident and their addresses.
This can be used later by your solicitor to provide statements
Take details of the persons who was working at the place when the accident occurred.
If you are not certain as to who was working at the accident location, you can ask someone in the adjoining house or housesif they have any knowledge.
One of the difficulties in this type of claim is finding out who is responsible for the particular works and this can result in an extensive search by the solicitor to find out as much information as you can at the time of the accident. If time passes, gathering information can become very difficult. |
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