Accident at Work Solicitor in Kerry
Injured in an accident at work anywhere in Kerry? This page explains your rights as an employee, the steps in a claim and the deadlines that apply.
Your rights after an accident at work
Under the Safety, Health and Welfare at Work Act 2005, your employer must provide a safe place of work, safe plant and equipment, safe systems of work, proper training and adequate supervision. Where an accident happens because one of those duties was not met, an employee may be entitled to compensation for their injuries, lost earnings and expenses.
Step 1: report it and get treatment
Tell your employer as soon as you can and make sure the accident is entered in the accident report book. Get medical attention even if the injury seems minor, because the medical record is often the clearest evidence of when the injury happened and how bad it was.
Step 2: gather what you can
- Photographs of the scene, the equipment and the injury
- Names of anyone who saw the accident
- Copies of any safety statement, training records or risk assessment you were given
- Payslips showing your normal earnings and any time lost
- Receipts for medical treatment, travel and other costs
Step 3: get legal advice early
An early consultation lets us assess liability, identify the correct defendant and make sure evidence is preserved. This matters where a site has changed, equipment has been repaired or an employer has since closed.
Step 4: the Injuries Resolution Board
Most accident at work claims begin with an application to the Injuries Resolution Board, formerly PIAB. We prepare the application and the medical report that must accompany it, deal with queries and advise you on whether an assessment is reasonable before you accept or reject it.
Step 5: court proceedings if needed
If the Board's assessment is rejected by either side, or the claim is released because liability is disputed, we can issue proceedings. The District Court deals with claims up to €15,000 and the Circuit Court up to €60,000 for personal injury, with the High Court having unlimited jurisdiction. We assess the value of your claim so it is brought in the correct court.
Who can bring a claim
Employees, part-time and seasonal staff, agency workers and, in many cases, self-employed contractors can all bring a claim. Where an agency or main contractor controlled the site or the system of work, responsibility may lie with them rather than with the business paying your wages. Identifying the right defendant at the outset is important, because a claim brought against the wrong party can fail on costs alone.
Time limits
The general limit is two years from the date of the accident, or from the date you knew or ought to have known about the injury and its cause. That deadline is strict, so contact a solicitor well before it approaches.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Frequently Asked Questions
Do I have to sue my employer personally?
No. The claim is made against the employer's insurance policy, and the insurer handles and pays it. Employers' liability insurance is a legal requirement.
Can I be dismissed or demoted for claiming?
Penalising an employee for raising a safety concern or bringing a claim is prohibited under the Safety, Health and Welfare at Work Act 2005. If it happens, you may have a separate claim to the Workplace Relations Commission.
What if the accident was partly my own fault?
You can still recover compensation. The award is reduced to reflect your share of responsibility, which is known as contributory negligence.
My employer never wrote it in the accident book. Does that stop me?
No, but it makes proving what happened harder. Witness accounts, photographs, medical records and any messages about the accident all help.
.webp)
