Unfortunately injuries at work are becoming more and more common. In 2011 1.8 million working days were lost due to work-related injuries and illness.
The most common forms of work-related injuries are musculoskeletal problems and stress, anxiety and depression.
The highest injury at work rates are found in agriculture/forestry/fishing industry, construction and transportation/storage and human health and social work activities.
Men are significantly more likely to have a work-related injury than women. The percentage of injury rates decease with age. There is a lower injury risk for older workers which may be due to greater job experience, lower risk-taking and to a selective reduction in involvement in heavy manual tasks.
If you sustain a work injury you should immediately make sure the following is done to protect your interests:-
- Make sure a written report of the accident is done to your supervisor or manager.
- Ask for any CCTV footage to be retained and not destroyed.
- Make a written request for a copy of the CCTV footage under the Data Protection Act 1988
- Make sure that you accurately describe how your injury occurred to your doctor when you attend for treatment.
- Keep a diary and in it insert your recollection as to how the accident occurred, who the accident was reported to and the injuries suffered in the accident.
Within a very short period of time you should instruct your Solicitor and give him full details in relation to all of the above matters. Your Solicitor can under the Injuries Board Act write to your Employer asking them to preserve any of the relevant accident report forms and CCTV footage also on your behalf. It is very important that this evidence is retained and not destroyed to ensure that your legal position is protected.
If you are entitled to claim sick pay under your Contract of Employment you may have to refund your Employer any sums paid if you are successful in your compensation claim. This is something we can discuss with you and provide you with proper advice on. If you do not have a Contract of Employment that provides for you to be paid while you are off sick your Employer does not legally have to pay you and you will have to submit a claim to the Department of Social Protection. You may also have to attend with your Employer’s doctor (occupational health) to be independently reviewed during the time you are off work and again you cannot object to this.
When you are certified as fit to return to work by your GP/Consultant you should immediately notify your employer who may require you again to be independently reviewed by occupational health before they agree to let you go back to work. In some cases your own doctor might suggest that you go back on light duties first and if your Employer has light duties available he should make accommodation for you.
Moloney Solicitors in Naas are experts in handling work accident claims. Please feel free to contact us today at info@moloneysolicitors.ie for further advice.
