Personal Injury

Most Common Accidents:

 Road Traffic Accident *

Road traffic accidents are a common occurrence on Irish roads and happen for a variety of different reasons to include driver error.  At Maurice Leahy Wade we know that being involved in a car accident can be a traumatic experience whether you are the driver, passenger, cyclist or pedestrian.  If the accident was not your fault then you may be entitled to compensation for damage to your car or property and for any personal injuries * sustained and any resulting expenses incurred. There are many types of car accidents where there is serious or permanent life changing injuries or minor road accidents where the impact may be low or minor but where personal injury occurs.  A car accident can also result in fatal injury and this is dealt with below.

If you have been involved in a car accident then you should do the following where possible:

• Check if you or others need medical attention and call an ambulance where necessary
• Call An Garda Siochana where necessary
• Take photographs where possible and necessary but obviously this is a judgement call
• Exchange details with the other driver to include, name address, phone number
• Record the car details of the other driver including the number plate
• Record the insurance details of the other driver
• Record the time and date of the accident
• Take note of the weather conditions at the time
• Take name, address and phone number of any witnesses
• If you have been injured attend your doctor/hospital as necessary]
• Contact the insurance companies
• Get estimate for repair
• Keep all receipts relating to the accident
• Make an appointment with your personal injury solicitor to discuss making a claim to the personal injuries assessment board which is discussed above

* Any claim for personal injury arising from a road traffic accident must be made to the personal injuries assessment board within two years less one day of the accident occurring.

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 Accident at work *

Every employer is obligated to ensure that their employees work in a safe environment for both full, part time employees and agency workers. A health and safety breach in these responsibilities may lead to an accident.

An accident or injury at work * can be a traumatic event. Work related accidents* can have a serious effect on a person’s mental, physical and financial state. An accident at work * can also be referred to as a workplace accident, occupational accident, or injury at work *. It can be described as an occurrence in the course of work that leads to a physical or mental injury *. If you suffered an injury at work then you may be entitled to bring a personal injury claim.

Accidents at work can occur in any type of work environments to include: the office,  a building site, a farm or on any premises or outdoors where you are legally required to be during the course of your working day.

If you have been involved in a work related accident then you should do the following:

• Seek immediate medical attention even if you think this is just a minor injury
• Report the accident to your employer/supervisor and this should be followed up by a written report
• Take a note of any witnesses and take their details
• Keep a record of any expenses
• Make an appointment with a personal injury solicitor

In the event that you do decide to take a personal injury * claim, you are not obliged to personally tell your employer. Your solicitor can write to your employer and notify them of the claim. However this is a matter for you as some clients think it is best for their employer to be made aware of this by the employee rather than their solicitor.  Some client are also fearful that their employer may penalise them for taking such a claim.  This action is illegal and if an employer threatens this then please let us know as we would bring an application to the Workplace Relations Commission in respect of such action.

If you are unable to return to work following the accident you may be entitled to sick pay.  Employers are not obliged by Irish Law to pay their employees sick pay if they are out of work due to an injury. However, it is advisable to check your contract of employment as it may contain a clause relating to sick pay when out of work.  If you are in doubt please let us know and we can check your contract of employment. 

Under the Safety, Health and Welfare at Work Act 2005 an employer has a duty to:

• maintain a safe workplace, machinery and equipment
• use appropriate measures to prevent risks that may come from the use of any article or substance and prevent risks 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
• ensure that employees are constantly up to date with all health and safety measures needed for their role. An example of this would be manual handling courses
• provide protective clothing and equipment to employees (at no cost to employees)
• appoint a competent person as the organisation’s Safety Officer
• carry out a risk assessment for the workplace which should identify potential hazards that could lead to a workplace accident

In conclusion, employers have a legal duty to ensure safe operations are in place to protect their employees

Where an accident at work occurs an employer must report the accident to the Health and Safety Authority. Employers are legally obliged to report the accident if the worker cannot perform their duties for three consecutive days.  Furthermore, it is worth noting that in this three-day count, the day of the accident is excluded.

* Any claim for personal injury arising from an accident at a work must be made to the personal injuries assessment board within two years less one day of the accident occurring

 ACCIDENTS IN A PUBLIC PLACE

Slips, trips and fall accidents can occur in almost any environment.  These can be slips on a wet floor in a shopping centre, supermarket or restaurant or hotel to tripping on the pavement.  In these cases there is a duty of care on the persons responsible for this area to ensure that a personal injury does not occur.  In most cases the property owner or local authority will have public liability insurance in place to cover such claims.

If you have been involved in an accident in a public place then you should do the following:

• Seek immediate medical attention even if you think this is just a minor injury
• Report the accident to the owner of the premises/county council if a footpath  and this should be followed up by a written report
• Take a note of any witnesses and take their details
• Take photographs of the scene if appropriate and possible
• Put in a request for CCTV (your solicitor can do this)
• Keep a record of any expenses
• Make an appointment with a personal injury solicitor

* Any claim for personal injury arising from an accident in a public place must be made to the personal injuries assessment board within two years less one day of the accident occurring.

TELL US ABOUT YOUR CASE:
 

If you have any questions about an injury you suffered due to an accident at work * please do feel free to contact us for a confidential chat with one of our personal injury solicitors *.

You can reach us by phone on 01 840 6505 or email lexleahy@leahywade.ie . If you rather we call you, please do feel free to tell us about your case by leaving your details along with a message outlining your query on the associated form and we can call you back.

With 30 years’ experience as specialist personal injury solicitors *, Maurice Leahy Wade & Company Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.