Can I make a negligence claim against my employer? I hurt my foot in a work-place accident and my co-workers have said that I may be able to name him as the person responsible for my accident.
In order to answer “can I make a negligence claim against my employer”, some issues must first be determined. The first matter regards your injury and whether it has, in fact, been sustained at work, in the course of your employment. This injury must have been treated by a professional medical practitioner, who should have noted it in your medical records, which can be used as evidence to support your claim.
You may potentially make a negligence claim against your employer if it can be proven that he failed in his legal “duty of care” to provide and keep a safe working environment for his staff. If your injury was caused by his action – or inaction – or through lack of training or any other form of negligence, your employer would more than likely be held liable for your injuries.
If there has been a dispute between you and your employer as to who is to blame for the accident, “can I make a negligence claim against my employer?” would have to factor in the matter of contributory negligence. If you contributed to the cause of the accident in any way, or exacerbated your injuries through your own lack of care, the value of your compensation would be reduced in order to reflect this.
Making a negligence claim against your employer has the potential to be an uncomfortable situation and you would be well advised to engage with a solicitor to ensure that any risk of conflict is minimal. Your solicitor would make sure that liability for your injury is established and can assist with your application for assessment to the Injuries Board Ireland. He or she would also aim for a quick settlement by entering into direct negotiations with your employer’s insurance company.
