Can I claim off my employer if I’ve had a workplace accident?

Every employee has a right to a safe place of work. Rules are in place to protect you from accidents in the workplace.

Don’t forget you may have an entitlement to compensation not only if the accident was caused directly by your employer but also your employer may be responsible if the accident is caused by a fellow employee.

See also The Most Common Causes of Slip, Trip and Fall Accidents

The following is an extract from the Citizens Information website:

The main legislation providing for the health and safety of people in the workplace are the Safety, Health and Welfare at Work Acts 2005 and 2010. They apply to all employers, employees (including fixed-term and temporary employees) and self-employed people in their workplaces. The Acts set out the rights and obligations of both employers and employees and provides for substantial fines and penalties for breaches of the health and safety legislation.

(General Application) Regulations 2007: Almost all of the specific health and safety laws which apply generally to all employments are contained in theSafety, Health and Welfare at Work (General Application) Regulations 2007. You can find them and other relevant regulations on hsa.ie.

Employer’s duties

Accidents in the Workplace

Under Section 8 of the Act the employer has a duty to ensure the employees’ safety, health and welfare at work as far as is reasonably practicable. In order to prevent workplace injuries and ill health the employer is required, among other things, to:

• Provide and maintain a safe workplace which uses safe plant and equipment
• Prevent risks from use of any article or substance and from exposure to physical agents, noise and vibration
• Prevent any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk
• Provide instruction and training to employees on health and safety
• Provide protective clothing and equipment to employees
• Appointing a competent person as the organisation’s Safety Officer

Employees’ duties

The duties of employees while at work are set out in Section 13 of the Act. These include the following:

• To take reasonable care to protect the health and safety of themselves and of other people in the workplace
• Not to engage in improper behaviour that will endanger themselves or others
• Not to be under the influence of drink or drugs in the workplace
• To undergo any reasonable medical or other assessment if requested to do so by the employer
• To report any defects in the place of work or equipment which might be a danger to health and safety

If you wish to read more please follow this link to the Citizens Information website

At O’Brien Ronayne we have unparalleled experience of acting on behalf of workers in claims against their employers who have suffered from accidents in the workplace, so call us now on 01 – 424 6200 or send us a confidential email and see how we can help.

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