Employers have legal obligations to staff members in respect of safety at the workplace.
Section 8 of the Safety, Health and Welfare at Work Act 2005 states :
8.—(1) Every employer shall ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.
A safe system of work should be provided. Training, instruction to the employee undertaken.
A risk assessment should be carried out.
Section 10 of the 2005 Act requires training to be carried out.
Employers have duties arising from Section 28 of the Safety, Health and Welfare at Work Act 2007 with respect to work equipment. Equipment must also be maintained.
The employee also has a duty regarding their own care at work.
An employer has a duty of care to the employee and if a person has sustained an injury due to negligence, then a personal injury claim can be considered to seek redress.
A person may have medical expenses, loss of earnings etc. and then there is the issue regarding whether they can return to work in full health or not.
Personal Injuries Board
If a person has sustained such an injury which has negatively affected ones life as a result of negligence, the Personal Injuries Board is tasked with dealing with personal injury claims.
Persons may have financial losses in addition to the pain and suffering which will need to be dealt with in the persons case.
Here is a post to detail the process of bringing an application to the personal injuries board.
Personal Injury Guidelines
The personal injury guidelines set awards with respect to a back injury.
The level of the award will be assessed on the basis of the following considerations :
- Age;
- Nature, severity and duration of injury and consequential symptoms such as pain;
- Extent of required medical intervention and/or treatment;
- Presence or risk of degenerative changes;
- Impact upon work;
- Interference with quality of life and leisure activities;
- Effect on personal relationships;
- Psychological sequelae including depression;
- Prognosis
With respect to the most severe back injuries the award sum range is between €150,000-€300,000
With respect to severe and serious back injuries the award sums range is between €90,000-€140,000 and €50,000-€90,000.
With respect to moderate back injuries, the award sums range is between €35,000-€55,000
With respect to minor back injuries the award sums range is between €500-€20,000
In a back injury claim the negligence and liability matter will need to be assessed in addition to losses, such as, medical expenses, loss of earnings etc.
Cleary & Co. Solicitors, Litigation Law Firm
If you have been in a back work injury and wish to have a claim assessment, Kieran Cleary and Roger Cleary are experienced Personal Injury Solicitors who can help with questions you may have regarding a personal injury case.
Contact details are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed.
It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Personal Injuries * 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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We help people injured due to negligence* attain restitution to their pre-accident position, as much as is possible, for the pain, suffering & financial loss, by seeking damages from the negligent party on their behalf.