Every year in Ireland many thousands of people are injured at work or suffer work related illnesses. Common work accidents involve manual handling, lifting, carrying, slips, trips, falling objects, machinery and falls to name a few. Other injuries occur as a result of the repetitive nature of their work or activities or the absence of appropriate training/equipment.

An employer owes certain duties to employees under Common Law and legislation. The Common Law duties have been developed by the courts as they decide cases on accidents at work.

Employer’s Common Law duties are to provide a safe place of work, proper tools and equipment, a safe system of working and to provide competent staff.

In addition an employer owes duties under statute to safeguard employees in the workplace.

The Safety, Health and Welfare at Work Act 2005 (”SHWWA”) came into force on 1st September 2005. Under Section 8 of the SHWWA, the employer’s duty is to ensure the safety of employees and in particular;

An occupational pension scheme

To manage and conduct work activities in such a way as to ensure the safety, health and welfare at work of all employees

To manage and conduct work activities in such a way as to prevent any improper conduct or behaviour likely to endanger employees

As regards the place of work concerned, the employer must ensure the design, provision and maintenance of:

- a safe, risk-free place of work,

- safe means access to and egress from it

- plant and machinery that are safe and without risk to health

To ensure safety and the prevention of risk arising from the use of articles or substances or the exposure to noise, vibration, radiation or any other ionizing agent

To provide systems of work that are planned, organised, performed, maintained and revised as appropriate so as to be safe and risk free

To provide and maintain facilities and arrangements for the welfare of employees at work

To provide information, instruction, training and supervision, where necessary

To implement the safety, health and welfare measures necessary for protection of employees, as identified through risk assessments and ensuring that these measures take account of changing circumstances and the general principles of prevention specified in Schedule 3.

To provide protective clothing and equipment where risks cannot be eliminated or adequately controlled

To prepare and revise emergency plans and procedures

To report accidents and dangerous occurrences to the relevant authority (prescribed under section 33)

To obtain where necessary the services of a competent person for the purpose of ensuring safety and health at work

To ensure that all safety measures take into account both fixed term and temporary workers and that that any measures taken do not involve financial cost to his or her employees

An employer is also obliged to prepare a Safety Statement showing the assessment of the risks of the employment and the steps taken to prevent accidents. The Safety Statement must be accessible to all employees and the sections of the Safety Statement relevant to the employees must be brought to their attention, with particular regard to the specific hazards, risks and prevention measures concerning their particular job. The safety statement must be brought to the attention of all employees at least annually.

If an Employer fails to comply with their obligations under Common Law and Statute, you may be entitled to compensation if you have suffered injuries as a result. Likewise, if the accident was the fault of another employee, you may be entitled to compensation.

McMahon Goldrick Solicitors offer advice in relation to all possible claims arising out of accidents at work and will deal with your claim expediently and in a professional manner. We will analyze your claim and prepare your claim to be lodged in the Injuries Board for assessment. Please Click here to see details of the Injuries Board assessment procedure.

For more information regarding Health and Safety at work please see www.hsa.ie

If you need to talk to us about any aspect of accidents at work contact esther.morrissey@rmcm.ie