January 31, 2023
Healthcare law – a year in review.
Over the course of the last year, there have been many interesting judgements in the High Court and the Court of Appeal in relation to healthcare and personal injury law....
Accidents at Work
As employees, we rightly place complete trust in our employers to keep us safe. Not only do they have a legal obligation to ensure our health and safety while we are at work, in order to maintain ongoing operations and protect their reputations, but most businesses also take this matter very seriously.
Employers of all types and size must routinely undertake risk assessments across all aspects of their business, including car parks, vehicles, premises, and warehouses. For every health and safety risk they identify, they must implement control and mitigation measures to eliminate the danger, or if this is not possible, mitigate it as much as possible.
In order to control health and safety risks, employers have at their disposal a wide range of strategies, including creating policies and procedures to be followed across the business, staff training, providing protective equipment (e.g. eyewear and ear defenders), safety guards on machines, using clear signage to warn and remind staff of known risks, and rotating staff between roles to avoid over-use injuries such as vibration white finger or carpal tunnel syndrome.
While it is a considerable undertaking to manage health and safety risks across an organisation, it is nevertheless one private and public entities are required to do by law. As such, if you have been injured at work due the negligence actions (or failure to act) of your employer, you may be able to bring a claim against them for your pain, suffering and losses.
Some employees may fear losing their job as a result of bringing a claim against an employer, but this should not be the case. Firstly, this might be construed as unfair or constructive dismissal. They will likely wish to avoid any reputational damage as a result of any grievance raised.
Secondly, your employer is insured for such eventualities, and as such will be expecting you to bring a claim. In addition, the case will almost entirely be handled by the insurance company rather than the employer themselves.
And finally, if you have suffered physically, emotionally and financially as a result of the negligence of your employer, it is entirely reasonable that you should be able to seek legal recourse. And by doing so, your employer will be brought to account for their actions, meaning the chance of the same type of accident occurring is reduced or eliminated.
To bring a claim against a negligent party for your injuries, it will be necessary to prove:
This means that in some contexts, it may not be possible to make a claim because there is a lack of proof that negligence occurred. One of our primary roles will be to establish if there are grounds for a claim and if so, to create a compelling case that proves the other party held legal culpability which they breached, leading to your injury.
If you are unsure if the circumstances of your work accident injury are grounds for a claim, please contact one of our work accident injury solicitors today who will take the time to listen to the details of your case and advise you of your legal options.
Claims following work accident injuries due to negligence may cover two areas of loss:
The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
By allowing us to handle your claim on your behalf, you can focus on what is most important your recovery and care, or that of your family member or loved one.
For further information on making a claim for a work accident injury in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at email@example.com
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