All you need to know if you have been injured at work
Accidents at work can result in serious injuries, time off work and financial difficulties. If you have been injured in the workplace, you may be entitled to claim compensation, even if a colleague was involved in causing the accident.
Can I claim compensation without suing my colleague?
Employers in Ireland have a legal duty to protect the health, safety and welfare of their employees. Employees must also take reasonable care to protect themselves and others in the workplace.
If a colleague negligently causes an accident while acting in the course of their employment, the employer may be vicariously liable for their actions. An employer may also be directly liable if its own failures contributed to the accident.
For example, if a colleague trips over a loose cable, causing machinery to shut down violently and injure your arm, you may be able to pursue a claim against your employer rather than your colleague personally. Each case depends on its individual circumstances and the available evidence.
Employers commonly have employers liability insurance, which may cover valid workplace injury claims, subject to the policy terms.
What should I do after an accident at work?
If you have been injured at work, you should:
- Seek medical attention and follow medical advice.
- Report the accident to your employer and ensure it is recorded.
- Obtain details of any witnesses and, where possible, photograph the hazard.
- Keep medical records, payslips and receipts for expenses or lost earnings.
- Consult a personal injury solicitor promptly to understand your legal options.
Employers should investigate workplace accidents and take appropriate steps to address safety risks. Under Irish health and safety legislation, employers must also prepare a Safety Statement identifying workplace hazards and outlining relevant safety measures.
What compensation can I claim?
Compensation may cover pain and suffering, loss of earnings, medical expenses and other financial losses arising from the injury. The amount recoverable depends on the injury, its impact and the evidence available.
FAQs for Injuries in the Workplace
1. Do I have to sue my colleague?
No. Where there is a legal basis for doing so, you may be able to bring a claim against your employer for its own negligence or for the actions of an employee acting in the course of their employment.
2. What if I cannot afford to be off work?
You may be able to claim loss of earnings as part of a successful personal injury claim. You should also investigate any sick pay or social welfare supports for which you may qualify.
3. How long do I have to make a claim?
The limitation period for personal injury claims is two years from the date of the injury.
4. What evidence will I need?
Relevant evidence may include medical records, accident reports, witness statements, photographs and proof of financial losses.
5. What if my employer disputes responsibility?
Your solicitor can investigate the circumstances, assess the available evidence and advise whether your employer may be legally liable.
Contact Our Solicitors
If you have been injured at work, you do not necessarily need to pursue your colleague personally to seek compensation. Contact our solicitors to discuss your circumstances and understand the options available to you.