Accidents in the workplace can happen in many different avenues in the workplace including building sites, road traffic accidents, kitchens and as well as in low risk places such as offices.
When you have been injured at work and it was not your fault, you may be entitled to make a personal injury claim*. Accidents at work, unfortunately, are very common. Under Irish law, every person at work is fully entitled to a duty of care from their employer, written procedures of work in accordance with the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007.
These acts provide the rules and regulations to protect you from accidents at work and compensate you if you get injured while working. You can be compensated if you can show that the accident was caused by the negligence of a third party, either your employer or a work colleague
If you have suffered a personal injury through an accident at work and you were not responsible, a personal injury claim may be taken against the employer.
As each case is different and needs to be assessed on its own particular circumstances, an early meeting with an experienced and successful personal injury solicitor is recommended.
Accidents in the workplace when they do happen follow on in the same way as other personal injury claims and that means that an application is sent to the Personal Injuries Assessment Board (PIAB) for an assessment of value.
After workplace accidents Personal injury claims can be filed by those injured;
- An Assessment figure for the pain and suffering caused
- Other kinds of damages known as special damages
- Future loss of wages, salary and profits
- Loss of earnings
- The cost of medical, travel and sundry expenses relating to the injury
As soon as the Injuries Board PIAB) put a value on your work injury claim they will inform you and your opponent of amount of the Assessment and then you have 28 days in which to accept or reject the amount of the assessment and your opponent has 21 days in which to accept or reject the assessment. When you get your Assessment from the Injuries board you should contact your personal injury solicitor immediately in order to evaluate whether you should settle your case at that time and whether the assessment is a fair offer for your injury and suffering and loss of income etc.
If the assessment is accepted by both parties then a simple order to pay the assessed amount is sent to the opponent from the Injuries Board. If either party refuses the Injuries Board’s assessment then the personal injury claim is released from the Injuries Board. When the personal injury claim is released you are provided with an authorisation and it is necessary to keep this document safe as it will be needed when court proceedings have to be issued. If you have received an authorization from the Injuries board then you should contact your personal injury solicitor immediately to protect your legal rights.
Also Read: Have I a case for a personal injury claim?