Occupational Injury and Illness

What are they?

Workplace accidents are commonplace for some employers, in particular those who are engaged in industries which require manual labour.

Prior to any activity-taking place, there are legal obligations on employers to take certain steps to ensure the workplace is safe.    The main piece of legislation often quoted is Section 8 of the Health, Safety and Welfare at Work Act, 2005, which sets out a list of responsibilities employers have to their employees.    However, different Industries can have additional pieces of Legislation, which apply to them.   For example, the Haulage Industry will have to comply with certain requirements under the Road Traffic legislation.   Employer’s responsibilities can also extend to non-employees, contractors, and fixed term and temporary workers.    

In common law an employer owes a duty of care to his employees.  If an employer fails below the standard of care, and breaches its duty it can be found liable for an injury to one of its employees.   

Assuming an employer has trained staff correctly, carries out the necessary risk assessments, and Safety Statement, what happens if an employee is injured?   Ultimately, the Employers safety procedures are put to the test. 

When dealing with a workplace accident, an employer has many different areas to consider, firstly, ascertaining a clear picture of the alleged incident by compiling a detailed incident report form. 

Early engagement with a legal advisor can be vital in setting out what steps an Employer should take, to reduce its potential exposure to liability, legal proceedings and excessive costs.

Alastair Purdy and Co, Solicitors currently represent a number of self-insured and insured employers in the Aviation, Construction, Health Care, and Meat industry.  We advise them on their potential liability in respect of Workplace accidents, and assist them in Defending personal Injury claims.  We do this by offering them practical legal advice, which seeks to reduce their exposure, and give them commercial certainty.

If your company requires legal advice in respect of an injury suffered by an employee during the course of their employment, Alastair Purdy and Co. Solicitors are available to assist and can be contacted directly here.