Personal Injury Workplace Accidents
Frequently asked questions
How do accidents arise due to inadequate training?
While accidents arising from inadequate training typically affect those employed in more dangerous industries, there is potential for anyone to fall foul of an accident at work resulting from inadequate training or supervision. Whether you work in a warehouse or an office, your employer is required to:
Provide regular training, refreshing previously taught skills and teaching new one
Ensure management reinforces the need to follow correct procedures, as taught during training sessions
Make a full assessment of each employee’s abilities
Ensure that vulnerable employees, such as pregnant women or temporary workers, are properly catered for in the working environment
If you believe that your employer has neglected their duties to provide you with proper training in best practice for your workplace and this has resulted in a personal injury and subsequent medical fees, loss of earnings and pain and suffering, you may be eligible to make a claim.
What are construction accidents?
Construction accidents are relatively common and if your employer has failed to take appropriate measures to protect you, you will often be entitled to make an accident construction claim. Such claims will often arise due to:
Falls from roofs or ladders
Vehicle & machinery accidents
Construction accidents such as these can result in very serious injuries, often hindering your ability to work. This can lead to devastating financial implications, particularly if your injuries are expected to last in the long-term.
That is why you must waste no time in speaking to a solicitor about pursuing an accident construction claim, as you need and deserve to be compensated for your losses.
What working environment can lead to Industrial Deafness?
Industrial diseases, or long-term health conditions and sicknesses are occupational hazards that result either from long-term exposure to a certain chemical or material, or from the repetition of a certain task.
Either way, employers have a duty of care towards their staff, meaning they are obliged to create a safe working environment for you and your colleagues. This must include putting in place measures that will help prevent employees suffering an industrial disease. The exact nature of these measures will depend upon the working environment, but may involve providing protective breathing masks, protective eye wear and ear protectors.
If your employer fails to ensure your health and safety and you do develop an industrial disease, you may have grounds for a compensation claim. This can affect employees in any line of work, but will especially frequently concern people in the ship-building, construction and agricultural industries.
Some of the more common industrial diseases include:
Who is at most risk of Industrial Lung Disease?
Research continues to be carried out by the Health and Safety Executive (HSE) to establish a greater understanding of the causes of industrial lung disease. But what is known is that a range of current and former industrial workers are at risk of industrial lung disease.
Amongst other, these include:
People within the aforementioned professions are at an increased risk because they are often exposed to hazardous chemicals or particles for a long period of time. This can damage the lungs, resulting in a variety of industrial lung diseases.
One of the most common types of industrial lung disease is pneumoconiosis, caused by the inhalation and retention of dust in the lungs. Other forms of industrial lung disease include asbestosis, pleural plaques and occupational asthma.
When an industrial worker is medically diagnosed with pneumoconiosis or another industrial disease, the doctor will, with the patient’s consent, notify their employer of the patient’s illness. The employer is then duty bound to report their employee’s case to their local Health and Safety Executive (HSE).
If this has happened to you, you should also contact Gibson & Associates Solicitors today. This is because employers are supposed to protect their staff from harm. Therefore if industrial lung disease is a hazard of your job, your employer should provide you with protective equipment and put other precautionary measures in place.
If there is a failure to do so and you go on to suffer bad health, your employer will be to blame. You will consequently be entitled to compensation for the damage this has caused you.
How do farm accidents happen?
Fishing and farming remain among the most dangerous occupations in Ireland.
Unfortunately, some farmers who employ staff do not make an effort to create a safe working environment. In the eyes of the law, this will be considered negligent. If a farm worker consequently sustains an injury, he or she needs to talk to a solicitor about pursuing a claim for injuries.
Common causes of farm claims include:
Injuries caused by machinery such as tractors, combine harvesters, fork lift trucks, diggers and 4×4 vehicles
Injuries caused by animals
Injuries caused by slips, trips and falls
Injuries caused by falling, flying and moving objects
Even if you tripped over a bale of hay, you may be eligible to claim financial redress for the injuries you sustained.
A solicitor who deals with farm accidents and farm claims will be able to suggest whether or not you are entitled to compensation.
Do I have a Personal Injury Claim?
Generally if you suffer an accident due to someone else’s fault you could have a personal injury claim. Or, if you can answer yes to either of the below questions, would give a good indication of you have injury claim eligibility:
Did the accident or incident cause me a visible injury, or pain (some injuries are not visible for example whiplash after a car accident), and not just damage to my property?
Do you suffer from psychological trauma as a result of the incident, for example depression or anxiety?
A personal injury claim enables you to recover compensation; for damages done to you physically, financially and/or psychologically.
There are many causes of personal injury from traffic accidents, trips and falls in public places, work accidents, medical mistakes etc., but, the accident generally should be the fault of another person(s) negligence.
No two personal injury claims are the same, many factors have to be taken into consideration. Even such factors as age and gender can impact on claims.
What areas do you specialise in?
We specialise in the following areas:
Road Traffic Accident Claims*
To qualify for a road traffic accident compensation claim, you must have been hurt within the last three years. The accident must also have been all or partly someone’s else’s fault. If you were 18 or over when the traffic accident happened, you’ve got three years to make a personal injury claim from the accident date.
Serious Injury Claims*
Serious injury claims, also known as catastrophic injury or large loss claims, include life changing injuries such as spinal injury, severe head/brain injury, amputation, traumatic injuries and fatal accidents.
These complex claims often take a long time to resolve and require specialist Solicitors with expert legal knowledge and experience. Serious injury claims often involve significant sums of money which need to compensate the individual for the losses incurred.
Accidents at Work Claims*
If your employer failed to meet their responsibilities and negligence has led to you being injured in an accident at work, you can claim compensation by filing a work accident claim. If your claim for a workplace injury is successful the compensation would be paid from the employers liability insurance.
How much compensation you might be able to claim for a work accident varies due to various different factors. These will include how severe your accident at work is, do you need to take time off from work to recover and if you do for how long, who else may be affected by your work injury such as family members and so forth.
Slip, trip and falls accidents Claims*
Slips, trips and falls generally happen because businesses, building landlords or local councils didn’t take the correct maintenance, repair and safety measures to keep you and other members of the public safe. Most slips and trips when people are out and about are caused by:
Wet floors plus wet or icy pavements
Uneven flooring or steps
Cracked or uneven pavements and kerbs
The damages in slip, trip or fall compensation are made up of two types, called general and special damages. Your solicitor will calculate both and add them together when they value your claim and begin negotiating with the other side.
General damages are awarded for what’s called pain, suffering and loss of amenity. This covers the injury itself and the impact it has had on your ability to do things in your daily life.
Special damages are the financial losses you may also have suffered like loss of earnings, the cost of medical treatments you’ve needed and even necessary modifications you had done to your home or car.
The guidelines for general damages are set by The Judicial College, which is part of the Ministry of Justice.
Medical Negligence/Clinical Negligence*
The term medical negligence (also known as clinical negligence) is usually defined as a breach of a duty of care from a health professional that has resulted in harm and loss.
For there to be a valid medical negligence case the breach of care must have caused harm or damage to the patient. Medical negligence can take a number of forms such as:
Prescribing inappropriate medication
Damage to child before, during or after birth
Not giving a person the treatment they need
Not being told about the risks of a proposed treatment
Delay in the provision of appropriate treatment
There are strict time limits placed upon clinical negligence claims but these may vary depending on the age of the patient. Patients are usually required to start a compensation claim within 3 years of their injury, or within 3 years of when they discover their injury was the result of clinical negligence.
In cases where a child under 18 has suffered clinical injury, the time limit starts from the date of their 18th birthday.
Fatal Accidents Claims*
A Fatal Accident compensation claim arises when someone dies as a result of the negligence of another personor an organisation following an unexpected or unforeseen event.
What does no win no claim mean*?
A ‘no win no claim’ agreement, also known as a conditional fee agreement, is an arrangement between you and your personal injury solicitor.
It means that if your compensation claim is unsuccessful, you will not have to pay a contingency fee for your lawyer’s services.
Does my claim qualify for a No Win No fee arrangement?
Most personal injury claims in Ireland will fall under a No Win No Fee arrangement.
However, all claims are assessed case by case, please contact a member of our client care team who will help you with your enquiry.
Is there a time limit to making a Personal Injury Claim*?
Under the Civil Liabilities and Courts Act 2004 the time limit for claims for compensation is 2 years from the date of the accident.
However, it is very important that you notify the person you hold responsible for your injury within 1 month of the accident. You should notify them in writing (by registered post) detailing what they have done. This gives the person, company or organisation a chance to investigate your claim.
If you do not inform the other person within the specified timeframe, it may not affect your application to PIAB. But it may affect your case later if you have to go to court, and you may not be able to recover your costs.
When do I need to start the personal injury claims process? What Is the time frame involved, and how long it will take to get a result?
So, you’ve been in an accident some time ago…maybe it’s too late to claim? Generally, in Ireland, you must start a personal injury claim within two years of the accident occurring. This is known as the statute of limitations, after the two years is up the case is barred. But, there can be some exceptions to the rule, for example, maybe the injured party was under 18 years old at the time of the accident.
The length of time it takes to process an injury claim can vary, but the Personal Injuries Assessment Board state that the average time frame is seven months. And we usually find it takes somewhere between six and nine months, then the payout of compensation normally happens within a month of finalisation from the Personal Injuries Board. But, if the claim ends up in the courts (litigation) the claim assessment could take up to three years.
Step 1. Meeting To Discuss Your Case
To get a better understanding of your case and the injuries you’ve suffered, we’ll organise a consultation with you and the personal injury solicitor best suited to your needs. We can do this over the phone, at our offices or even by video call. We will explain terms such as ‘no win no fee’ and how an injury claim works.
Step 2. Arrange the medical report
Once we’ve assessed your case, we’ll send for your medical reports to be collected from a medical professional.
Step 3. Present the case to the Injury Board
Our highly experienced personal injury* solicitors will put together a detailed and strategic case designed to get you the claim you deserve. We’ll then present this case to the Injury Board.
Step 4. The Injury Board assesses your case
After we’ve presented your case, the Injury Board will assess how much of a *claim you’re likely to win.
Step 5. Decide to accept or reject the offer
As soon as you receive an offer from the injury board, our solicitors will give an honest assessment into how fair they think it is. This will help you decide whether or not to accept it.
Step 6. You receive your *Claim / Go to court
If you choose to accept the offer, an “order to pay” will be sent to the other party and you’ll receive your *claim. If you choose not to accept the offer, our personal injury* team will prepare your case for court.