With the economy in its current state of poor health, it is understandable that some employers may not have the resources to maintain a high level of inspections on all workplace equipment. However, most companies will have policies and procedures in place to ensure the health and safety of their employees, and to remove a defective piece of equipment once you have reported it. Where an employer fails to remove a defective item of equipment and insists on its continued use, he may no longer be providing a safe environment in which to work and, should you suffer an injury due to his “lack of care”, you are entitled to make a defective equipment injury compensation claim.
Industrial equipment and machinery are the most obvious instances of where an employer´s negligence may lead to injury and a defective equipment injury compensation claim, but any circumstance where:
- Employees are not adequately trained to spot an equipment defect
- Employees are not issued with protective equipment to use a machine which poses a
risk, or - Employees are not notified of the potential dangers of using a defective item of equipment
are breaches of the Safety, Health and Welfare at Work Act (2007) and sustaining an injury due to any of these reasons entitles you to make a defective equipment injury compensation claim.
Making a Defective Equipment Injury Compensation Claim
A defective equipment injury compensation claim should only be considered once you have received appropriate medical attention for your injuries and there is no risk to your long term health. Your attendance at a doctor´s surgery or at the accident and emergency department of your local hospital will be recorded in your medical notes – a copy of which, together with the corresponding entry in your employer´s “Accident Report Book”, should be sent to the Injuries Board Ireland with your application for defective equipment injury compensation.
Although there are procedures in place for an assessment of your application by the Injuries Board Ireland, it is estimated that 90% of people making personal injury compensation claims in relation to workplace injuries use a solicitor – and it is advised that you do, too.
A solicitor is more familiar with the means by which it is possible to maximise your defective equipment injury compensation claim, and will also be an important ally should your employer fail to accept liability for your injuries or dispute the assessment made by the Injuries Board Ireland. In fact, over a third of personal injury compensation claims are settled satisfactorily by negotiation between a solicitor and your employer´s insurance company before the Injuries Board Ireland have completed their assessment.
As there are quite a number of benefits to using a solicitor when making a defective equipment injury compensation claim, we have established a free advice telephone service on 1-800 989 995 to enable easy access to a solicitor and for you to find out more.
You are invited to call with any questions you may have in respect of your claim and receive helpful and practical advice. All calls to this service are completely confidential and you are under no obligation to proceed with a claim once you have spoken with us. If you cannot speak now please fill in the form on the left and we will call you back.
Our Promise to You:
- 100% Clear advice in plain English
- 100% Helpful and impartial service
- 100% Accurate, up-to-the-minute information
- 100% Courteous and confidential service
What You Can Expect When You Call
When you call our free advice telephone service, you will be speaking directly with an experienced solicitor who will ask you to tell us how your accident happened, what injuries were sustained, what treatment you received and how your employer showed a “lack of care” in respect of your health and safety at work.
Please bear in mind that we are not engineers or doctors, so inasmuch as we appreciate a comprehensive explanation of your accident, we may have a few questions of our own if we do not clearly comprehend what you are talking about! Nonetheless, we will try to answer all your questions as fully as we can – without any legal jargon.
We will also try to make a preliminary assessment of your defective equipment injury compensation claim and determine whether there is a case which is worth your while to pursue. We will also advise you how long your case may take to process and the likelihood of your success.
Usually we complete a conversation by offering you a list of options and suggestions about how you can take your claim forward. You are under no obligation to act on any of our advice. However, we would like to point out that the intervention of a solicitor can often prevent a workplace confrontation should you be considering returning once your injuries have healed.
Your first course of action should be to call our free advice telephone service on 1-800 989 995
It is impossible to make an informed decision without being aware of what you are entitled to, and our friendly and helpful team will be able to guide you through your options and answer any questions.
Our lines are open between 8.00am and 10.00pm and if it is not convenient to call right away, please bookmark this page for later or leave your contact details in the call-back form bekiw and we will get back in touch with you at a more suitable time.
