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Construction sites are full of activity, which makes them some of the most dangerous places to work. If you’ve been injured on a construction site, it can turn your life upside down, affecting your health, and your finances. At Good & Murray Smith LLP, we deal with hundreds of these claims, so we can help you get the compensation you are entitled to while making the process as straightforward as possible.
Construction site accidents happen for many reasons, but some are more common than others:
Some of the most common include:
Irish law imposes strict obligations on employers and contractors under the Safety, Health, and Welfare at Work Act 2005 and the Safety, Health, and Welfare at Work (Construction) Regulations 2013. These laws are designed to minimise risks and ensure safety on construction sites. Major requirements include:
Employers must identify and evaluate potential hazards on the site. This includes measures to mitigate risks such as providing clear signage, physical barriers, and ensuring proper site organisation.
Personal Protective Equipment (PPE) is mandatory, and employers should provide items such as safety boots, hard hats, gloves, and high-visibility clothing. Tools and machinery must also be inspected regularly to ensure they are safe to use.
Workers must be properly trained in handling tools, machinery, and hazardous materials. Supervisors are required to monitor compliance with safety protocols and ensure workers are following procedures.
Employers must implement procedures for working at height, handling heavy materials, operating machinery, and avoiding falls or collapses. This includes providing scaffolding, harnesses, and secure platforms.
Construction sites must have appropriate welfare facilities such as clean drinking water, rest areas, and sanitary facilities for workers.
Under Irish law, employers are responsible for ensuring a safe working environment. They can be held liable if:
Even if the injured party was partially at fault, they may still be eligible for compensation, though the amount may be reduced due to contributory negligence.
In addition to employer responsibilities, contractors and site managers are legally bound to:
Failure to meet these obligations can result in legal liability if an accident occurs.
In some cases, parties other than the main contractor may share liability for a construction site injury. These can include:
Taking the right steps after a construction site injury can strengthen your claim:
If your injury happened because someone failed to follow safety rules, you might have a good case. Examples of negligence include:
Compensation is generally divided into two categories:
Injured pirates generally have two years from the date of the accident to file a claim. However, it’s best to act quickly to preserve evidence and start the process. For minors, the two-year period begins on their 18th birthday.
We know how hard it can be to recover from a construction industry accident. Here’s how we can help:
Yes, even if you're self-employed, you may be entitled to compensation if your injury resulted from someone else's negligence on the site. Responsibility for safety often extends beyond direct employment relationships. Consulting with a solicitor can clarify your specific situation.
Contributory negligence means you may have partly contributed to the accident or your injuries. In such cases, you can still make a claim, but your compensation might be reduced proportionally to your level of fault. For example, if you're found 20% responsible, your compensation could be reduced by 20%.
While awaiting the outcome of your claim, you might be eligible for certain social welfare benefits, such as Illness Benefit, if you're unable to work due to your injury. It's advisable to contact the Department of Social Protection to explore available support.
If your employer lacks insurance, you can still pursue a claim.
Absolutely. If defective equipment caused your injury, you might have a claim against multiple parties, including the equipment manufacturer or supplier, under product liability laws. It's essential to retain the faulty equipment as evidence and consult with a solicitor to explore your options.
The duration of a claim can vary widely, depending on factors like the complexity of the case, the severity of injuries, and whether liability is disputed. Some claims may settle within months, while others could take longer, especially if they proceed to court. Your solicitor can provide a more accurate timeline based on your specific circumstances.
It's illegal for an employer to dismiss or punish an employee for making a legitimate injury claim. Such actions could lead to further legal consequences for the employer. If you experience any negative treatment after filing a claim, consult your solicitor immediately.
Yes, psychological injuries, such as post-traumatic stress disorder (PTSD), are recognised and can be included in your claim. It's important to seek professional medical assessment and treatment for such injuries and document all related experiences and expenses.
The HSA is responsible for enforcing health and safety regulations in workplaces, including construction sites. They may investigate serious accidents to determine compliance with safety laws. While their findings can support your claim, the HSA doesn't provide compensation. You'll need to pursue a separate personal injury claim for that purpose.
If you’ve been injured on a construction site, contact Good & Murray Smith LLP. We can advise you on your rights and entitlements, and make a claim on your behalf.
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If you’ve been injured and believe you may have a claim, don’t wait. Good & Murray Smith LLP is here to help. Contact us to arrange a consultation to review your case and guide you through the next steps.
