I am concerned about claiming compensation for injuries from work spillage as I do not want to lose my job. My employer has told me that he cannot afford to pay a claim for compensation and I should think very carefully before submitting a claim. What should I do?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

I am concerned about claiming compensation for injuries from work spillage as I do not want to lose my job. My employer has told me that he cannot afford to pay a claim for compensation and I should think very carefully before submitting a claim. What should I do?

Answer:

If you have been injured due to a work spillage which was the result of negligence on the part of your employer, it is your legal right to claim compensation for injuries from a work spillage. While it is understandable that you are reluctant to make a claim for a work spillage injury, you should not have to bear the financial burden for injuries which were sustained due to the actions of a third party.

If your employer is indicating that there could be repercussions should you proceed with a claim for compensation for injuries from a work spillage he could be in breach of employment law. You cannot be dismissed or suffer an penalty at work if you have sustained an injury which is attributable to your employer´s breach in his duty of care, and your employer´s threats alone suggest that you should speak with a personal injury solicitor at the first practical opportunity before you make the decision about whether you should make a claim for compensation for injuries from a work spillage.

It is never an easy decision to make a claim for compensation against a current employer, and it is therefore wise to ensure you have accurate legal advice before doing so. Only when your eligibility to claim compensation for injuries from a work spillage has been confirmed and are aware of the likely value of compensation should you make the decision about whether to proceed with making a claim. After receiving an impartial claim assessment, you may decide that your work spillage injury claim is not worth your while pursuing.

You should also bear in mind that while your employer may not want to face the financial consequences of an injury to a member of staff, your employer is not required to personally pay the damages. It is a legal requirement of all employers to purchase insurance to cover personal injuries to staff which occur in the place of work. In the event of an accident which causes an injury to a member of staff, it is an employer’s insurance company who will settle your claim. This does not necessarily mean that a claim for compensation for injuries from a work spillage will be cost free for your employer. There may be an excess on the insurance policy which needs to be covered and any claim has potential to increase your employer’s insurance premiums. However this financial outlay will be small in comparison to the settlement figure.

Only you can make the decision about whether to pursue compensation for injuries from work spillage. Until you have all the information on what this involves, the claim value, the likely chances of success should you make the decision on whether to make a claim. We strongly recommend speaking with a solicitor for advice to get all of your questions answered. You can then make an informed decision on whether to proceed with claiming compensation for injuries from a work spillage against your employer.