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This guide explains the practical legal issues people commonly face after a workplace injury in Gorey, County Wexford. Work injury law in Ireland covers physical and psychological injuries that arise out of or in the course of employment. Legal pathways include employer liability claims for negligence, statutory workplace-safety enforcement, employment-rights procedures, and social-welfare entitlements for time off work. Many cases are resolved through negotiation, administrative assessment, or court proceedings depending on the facts, the severity of injury, and the time limits that apply.
A lawyer can help when the legal or factual situation is complex or when significant compensation, long-term care or loss of earnings are at stake. Common situations where legal advice is useful include:
- Serious physical injury or permanent impairment where future care or loss of earnings must be calculated.
- Disputed liability where the employer or a third party denies responsibility.
- Occupational disease or conditions that only become apparent after long latency, such as hearing loss or repetitive strain injuries.
- Complex claims involving multiple defendants, insurers or contributory negligence issues.
- Cases involving dismissal, disciplinary action or workplace retaliation after reporting an injury or raising safety concerns.
- Navigating the Personal Injuries Assessment Board procedure or preparing court proceedings if assessment is rejected.
- Negotiating settlements and advising on legal costs, including conditional-fee or indemnity arrangements.
Key legal frameworks and institutions relevant to work injury claims in Gorey include:
- Safety, Health and Welfare at Work Act 2005: sets employer duties to provide a safe workplace, train staff, carry out risk assessments and report certain accidents or dangerous occurrences to the Health and Safety Authority.
- Employers' liability under common law: employees injured due to an employer’s negligence may bring a civil claim for damages covering pain and suffering, medical expenses, loss of earnings and future care needs.
- Personal Injuries Assessment Board (PIAB): a statutory body that provides an assessment of compensation for many personal injury claims outside court. Not all claims fall within PIAB jurisdiction, and parties can reject an assessment and proceed to court.
- Workplace Relations Commission (WRC): handles disputes about employment rights, unfair dismissals, and certain complaints that can arise after a workplace injury such as unlawful suspension or dismissal following an accident report.
- Limitation periods: most personal injury claims must be brought within two years from the date of injury or from the date of knowledge of the injury. Occupational disease claims often rely on the date of knowledge rule.
- Social welfare and statutory benefits: the Department of Social Protection provides payments such as illness benefit, injury benefit or disability allowances subject to eligibility rules.
Seek urgent medical attention and follow advice from healthcare professionals. Report the injury to your employer as soon as possible in writing and ask for it to be recorded in the workplace accident book. Take photos of the scene, preserve any faulty equipment, and get contact details for witnesses. Keep records of medical treatment, expenses and time off work.
Major incidents and certain specified injuries or dangerous occurrences must be reported by the employer to the Health and Safety Authority. You may also report safety concerns to the HSA if the employer fails to act. For compensation claims, you or your solicitor may need to notify the Personal Injuries Assessment Board depending on the type of claim.
Generally you have two years from the date of the injury or from the date you knew the injury was work-related. Occupational disease claims often use the date of knowledge principle, which can extend the time for bringing a claim. It is important to seek advice promptly because early action helps preserve evidence and legal rights.
Compensation can include general damages for pain and suffering, special damages for past and future loss of earnings, medical and rehabilitation costs, future care needs, and sometimes vocational retraining costs. In fatal cases, dependents may bring claims for bereavement and financial loss.
Most employers carry employers' liability insurance that covers workplace injury claims. An injured worker normally claims against the employer or the responsible third party and the employer’s insurer handles the defence and settlement. A solicitor can check insurance coverage and advise on next steps.
PIAB, the Personal Injuries Assessment Board, assesses many personal injury claims outside the courts. For eligible claims, PIAB sends an assessment that parties can accept or reject. If you reject an assessment, you or the other party may issue court proceedings. Not all claims are eligible for PIAB, for example very minor claims or certain types of workplace disputes may be handled elsewhere.
Yes, in many cases you can return to work for the same or a different employer while claiming for past injuries, provided your doctor clears you. If you are unfit for work, you may be entitled to statutory benefits or sick pay under your employment contract while pursuing a claim.
Contributory negligence can reduce the amount of compensation if you are partly responsible for the injury. A solicitor will investigate the circumstances, gather evidence and argue the extent of responsibility. Even if you share fault, you may still be entitled to substantial compensation depending on the facts.
Many personal injury solicitors work on a conditional-fee or no-win-no-fee basis, meaning fees are payable only if the claim succeeds, often as a percentage of the award. You should get a written fee agreement explaining success fees, disbursements and any cap on costs. Public legal aid is limited for personal injury claims but may be available in certain circumstances.
If you face dismissal, disciplinary action or victimisation for reporting a safety issue or making a claim, you may have a separate employment law case. The Workplace Relations Commission handles many workplace disputes including unfair dismissal claims. Keep records of all interactions and seek legal advice promptly to protect time-sensitive rights.
Consider these organisations and bodies when seeking information or assistance:
- Health and Safety Authority - enforces workplace safety standards and handles incident reports.
- Personal Injuries Assessment Board - provides assessments for certain personal injury claims.
- Workplace Relations Commission - deals with employment disputes, unfair dismissal and related complaints.
- Citizens Information - offers general guidance on employment rights, social welfare and legal steps.
- Department of Social Protection - information on sickness benefits, injury benefit and disability supports.
- Legal Aid Board - may provide legal assistance in limited circumstances for those who qualify financially.
- Trade unions - can offer advice, representation and support during investigations or claims.
- Local healthcare providers - Wexford General Hospital and local GPs provide medical evidence and treatment records necessary for claims.
If you need legal assistance after a workplace injury in Gorey, follow these practical steps:
- Get medical attention and retain all medical records and receipts.
- Notify your employer in writing and ensure the injury is recorded in the workplace accident book.
- Preserve evidence - photos, clothing, equipment, CCTV requests and witness contacts.
- Make notes about when the incident happened, what occurred, and any communications with your employer or insurer.
- Contact an experienced personal injury or employment solicitor for an initial consultation to discuss liability, likely compensation and time limits.
- Ask about fee arrangements and request a written costs agreement before instructing a solicitor.
- Consider notifying PIAB if your claim is eligible and follow procedural steps if you intend to settle or proceed to court.
- If you face disciplinary action or dismissal after reporting an injury, contact the Workplace Relations Commission or seek legal advice quickly to protect your employment rights.
Early action protects evidence and legal options. Even if you are uncertain about the strength of your claim, an initial consultation with a solicitor or an organisation such as your union can clarify the best path forward.
