How do I prove my employer´s negligence if I want to make claims for compensation for ladder injuries at work?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

How do I prove my employer´s negligence if I want to make claims for compensation for ladder injuries at work?

Answer:

It is not necessary to prove your employer´s negligence before making a claim for compensation for ladder injuries at work because your employer will accept or deny liability when the Injuries Board Ireland write to him or her asking for consent to process your application for assessment. Only if he or she denies their responsibility for your ladder injuries at work will you have to establish liability in order to pursue a claim for ladder injuries at work through the courts.

Your first point of reference if you intend claiming compensation for ladders injuries at work would be the Health and Safety Authority (HSA). The HSA produces a very informative document called “Using Ladders Safely” which will assist you in your claim for ladder injuries at work by listing the relevant Work at Height Regulations which apply to ladder work and explaining what your employer should do to comply with the regulations.

If, after reading the document, you feel that your employer has breached his duty of care to provide you with a safe environment in which to work, you can support a compensation claim for ladder injuries at work by speaking with your colleagues, taking photographs of your working conditions and ensuring that any injury you have sustained which has resulted in an absence from work of three days or more is reported to the HSA.

This information should then be presented to a solicitor who will determine that you have a claim for compensation for ladder injuries at work which is worth your while to pursue. Court action is one option available to you, but you will need the “Authorisation” form sent to you by the Injuries Board Ireland before you initiate a compensation claim for ladder injuries at work with the court.

The alternative option is that your solicitor presents the information you have collected directly to your employer and try to negotiate an out of court settlement of compensation for ladder injuries at work with your employer´s liability insurers. This is usually the quickest and most successful way of making a claim for ladder injuries at work in your situation and it is recommended that you discuss the circumstances of your accident at work with a solicitor in order to establish the best route for you to proceed.