Occupational Injury Claim

Occupation Injury claims * may be sought by an employee for injuries sustained during the course of their job.

These types of work injuries can be sustained in numerous ways. When they are sustained due to a failure of an employer to implement and sustain a safe working environment, provide the adequate protection needed for an employee to do their job safely or failure to adhere to health and safety regulations, an employee may be entitled to pursue a claim.

An injury at work * can impact a person’s life. This can be down to how reliant people are on their monthly income. If you have had a workplace injury * you may need to take considerable time off work or in some cases, would have to leave work altogether, leaving you unable to earn money to support family and yourself.
There are legal remedies in place that can help you recoup any losses you may have suffered as a result of an injury caused at work. These legal remedies can help you stabilise yourself financially so that you can focus solely on your recovery.

Types of Occupational Injuries *

Occupational injuries * sustained during the course of a person’s job can manifest in a number of different ways. They can be heavily dependent on the job that the person carries out. These types of injuries at work can fall into a number of different categories:

1. Physical Injuries

Physical injuries sustained during the course of somebody work can be caused by a number of different scenarios:

Repetitive Strain Injuries *: Pain felt in muscles, tendons and nerves and are caused by repetitive movement and overuse. This type of injury usually affects the forearms, elbows, wrists, hand, neck , ankles and shoulders of the employee – but is not limited to this list.
The symptoms a person experiences can range from pains and aches, stiffness, chronic pain, throbbing, weakness and/or cramps. These symptoms can appear faint at first but if left untreated can eventually become constant and prevent you from carrying out your work.
Carpal Tunnel Syndrome: Numbness, tingling, weakness caused by pressure on the median nerve in the wrist. This can be brought on by work-related movement, repetitive flexing and extending of the wrist coupled with a strong grip may bring on carpal tunnel syndrome.

2. Chemical Related Injuries

Almost all employment situations can expose an employee to dangerous chemicals. More often than not chemical-related injuries are sustained by people who work in factories or locations where dangerous chemicals are used, mined or manufactured. However, office workers can also be exposed to dangerous chemicals like cleaning products and other toxic chemicals if the office is not ventilated properly.
For those who work on a daily basis with dangerous chemicals, protective work gear should be provided by their employer. Some dangerous chemicals that can cause injury to an employee at work are:
Asbestos
Benzene
Pesticides
Paint
Solvents
Acids

Exposure to these and other toxic chemicals can cause injury to the employee in different ways. Whether it be from skin contact, breathing in fumes or accidentally swallowing the chemicals. Common types of injuries sustained are, rashes, burns, throat and lung injuries.

3. Biological Related Injuries

Biological agents to which employees have been exposed to in the workplace include bacteria, fungi (yeast and moulds) and parasites. While some of these agents are harmless some may cause serious injury to the employee.
Exposure to such biological agents can be found in places such as laboratories or research facilities where a person is working directly with the agent and is unintentionally exposed. Other occupations that may be exposed are hospital workers who are exposed to blood-borne viruses or hospitality worker, refuse collectors, cleaners who are injured by needles (also known as needlestick injuries) and are exposed to blood-borne pathogens such as Hepatitis B, C and HIV. Farm employees who work with animal carcases may also be exposed to animal disease which can also affect humans if the correct protective gear is not provided.

Causes of Occupation Injuries *

Most occupational injuries * happen due to the incorrect or inadequate training of employees or the absence of safety measures in the workplace. For example, injury at work * can happen in the following scenarios:
Inadequately trained staff – for example, repetitive strain for a warehouse worker who was not given manual handling training
Poorly maintained equipment that leads to accident injury to the employee, accidental exposure to chemical or biological agents leading to an illness or injury
Bad ventilated work areas – fumes from toxic paint in a poorly ventilated office or work environment.
Engaging generally in dangerous practices and procedures in work .

Case Settlement

Compensation awarded for these types of injuries will heavily depend on the injury sustained and the circumstances that led to the injury. Speaking with a solicitor should be your first step. They will be able to clarify for you how best to proceed. Generally, a compensation claim * will take into account the following aspects:
Loss of earnings due to the injury
Future loss of earnings due to the injury
Changes to your ability to carry out your job in the future (can you return work?)
Medical bills, care and support needed
Future medical bills
Travel and accommodation costs associated with the treatment for the injury
If the injury affects your quality of life or ability to move around your own home and special equipment or care will be needed to be installed in your home
Psychological damages as a result of the injury
Who pays your compensation *?
All employers should be protected by employers liability insurance, meaning that your claim will most likely be paid by their insurance company. Therefore, in a successful case, you would not be leaving your employer with a bill they cannot afford.

Occupation Injury * Legal Time Limits

The legal time limits on how long you have to make a claim vary depending on the situation. The general rule for personal injury cases * is that the person has two years from the date of the accident or date of knowledge of the injury to make a claim. For cases of occupational injury *, it may not be as black and white as the rule suggests. You may not be aware of any injury sustained or illness contracted for some time after the incident. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

 

Tracey Solicitors
16/17 St. Andrew Street
Dublin 2
T: 01 649 9900 – Reception
T: 087 165 1564 – Russian
W: https://www.traceysolicitors.ie/en/multilingual-legal-services/russian/
W: https://www.traceysolicitors.ie/en/

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

 

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Nasha Gazeta

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