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Category: Work Accidents

Accidents in the Workplace: Farming and Agriculture

Posted on by Lacey Solicitors

The farming and agriculture industry in Northern Ireland and the UK has a disproportionately high number of accidents and fatalities when compared to other industries.

Farming and agricultural workers represent approximately 1% of the workforce in Northern Ireland. Nevertheless, this industry has the highest workplace fatality rate of all others. 

Farmers, like any worker, should be properly compensated for their injuries if they were involved in an incident that was not their fault. Seeking personal injury compensation after an animal handling incident, an injury caused by farm equipment, or an injury caused by driving a farm vehicle, is how an employee might look to recover both financially and physically from an incident. 

 

Serious Statistics Show NI Farm Workers are at Risk of Workplace Injuries

 

Farming and agriculture is a dangerous industry which has a long history of high fatality rates in Northern Ireland. During the period 2023-2024 there were 8 accidents in this sector which resulted in a workplace death. Of the total of 17 workplace deaths during that same period, farming and agricultural incidents represent 47% of all workplace fatalities.

Speaking at the 12th annual Farm Safety Week in July 2024, Robert Kidd, Chief Executive of the Health and Safety Executive for Northern Ireland said that the agriculture industry had “once again proved to have the poorest safety record of any industry in Northern Ireland.”

Mr Kidd added that thousands of farmers suffered every day due to serious injuries, long term health complaints, and poor mental health.

 

Common Types of Farming Accidents

 

There are common types of personal injury which farm workers experience. Falling from height is a common accident on a farm. Stacking hay bales and operating heavy machinery can result in trapped body parts. Repetitive strain injuries (RSI) are not uncommon.

Amputations, loss of limbs, animal handling incidents, and machinery operating are all common causes of agricultural accidents. Slips, trips, and falls are all common on the farm as are catastrophic injuries which can result in death.

 

Farming and Agricultural Work Accidents Go Beyond Physical Injuries

 

Here at Lacey Solicitors firm we understand the devastation that a farming injury can have on families. Physical injuries caused by faulty machinery or heavy farming equipment are incredibly difficult to deal with. However, farm trips, slips, falls, or other accidents also can have a lasting impact which goes beyond physical health.

Farmers who have long term health problems after an injury can lose income due to their limited mobility. This can have a knock-on effect on their mental health, leaving them unable to fully provide for their families which leads to financial instability. Seeking compensation for your personal injury at work on the farm could ensure you and your family are protected, should the worst happen.

 

Bring a Claim for Compensation to Cover the Cost of Farming Injuries

 

Have you been injured due to an accident on a farm? Do you work in the agriculture sector and need a trusted source to turn to for advice regarding how to bring a claim for compensation to cover the cost of your injuries after an accident?

Lacey Solicitors Belfast are here to help. Contact us today to discuss your options in bringing a compensation claim after your workplace accident.

 

 

 

 

 

 

Steps to Take if You Suffer A Personal Injury at Work

Posted on by Lacey Solicitors

Although statistically most accidents occur at home, many people in Northern Ireland spend a significant amount of time at work. If you’re injured on the job, it’s crucial to follow the proper steps if you plan to seek compensation.

Workplace accidents, whether a trip, fall, slip, or serious injury involving equipment, can be devastating and a real source of anxiety. Often, people neglect to address these incidents, even though they can cause lasting damage.

Workplace accidents can lead to serious injuries, such as broken bones, crushed limbs, or amputations. If this occurs, you have the right to seek legal representation and consider a compensation claim. Taking this step not only supports your recovery but can also help prevent similar incidents in the future.

 

What To Do if You Are Injured At Work

 

After an injury at work, your priority should be recovery. Take the time you need to heal and consult with your doctor and any specialists they recommend.

During this time, keep a detailed record of the incident, photograph your injury and progress, and save all related receipts. This documentation will be valuable if you decide to pursue a compensation claim with your employer’s insurance.

 

What if My Employer Doesn’t Have Insurance?

 

By law, all employers in Northern Ireland must have Employers Liability (EL) insurance and be insured for at least £5 million. Most insurers automatically provide cover of at least £10 million.

Employers’ liability (EL) insurance enables businesses to meet the costs of damages and legal fees for employees who are injured or made ill at work through the fault of the employer. Employees injured due to an employer’s negligence can seek compensation even if the business goes into liquidation or receivership.

The Health and Safety Executive for Northern Ireland (HSENI) is responsible for enforcing the law on EL insurance and have issued guidance for employers. An employer can be fined up to £2,500 for each day that they do not have appropriate insurance.

Lacey Solicitors in Belfast can carry out checks against an employer to establish whether or not they have insurance if you have been injured at work.

 

Steps to Take After an Accident at Work in Northern Ireland

If you’re injured at work, taking the right steps is crucial to protect your interests and strengthen your compensation claim. Here’s what you should do after a workplace accident:

STEP ONE – Seek Medical Attention
If your injury requires hospital care, ensure you take a colleague with you. This helps prevent your employer from denying the accident occurred.

STEP TWO – Report the Injury to Your Employer
It’s important to immediately report the injury to your employer. UK businesses are required to maintain an accident record book. If your employer fails to document the incident, follow up with an email detailing the accident, the time it occurred, and any medical treatment you received.

STEP THREE – Document Your Recovery
Record your recovery journey by taking photographs or videos of your injury and its progress. Keeping a daily log of your healing process helps illustrate the pain and suffering you endured, which can be essential in a legal claim.

STEP FOUR – Collect Witness Statements
Gather contact details and statements from anyone who witnessed the accident, as well as anyone who accompanied you to the hospital. This evidence can strengthen your case when pursuing compensation and can greatly assist your legal team.

By following these steps after a workplace injury, you ensure your rights are protected and can make it easier to pursue a compensation claim for your injuries.

 

Injured at Work? Seek Legal Advice

 

Lacey Solicitors, with offices in Belfast and Dublin, is a leading insurance and injury law firm. We represent both insurers in defending claims and innocent victims of injury. Our unique position, acting for both claimants and defendants across Ireland, gives us valuable insight into each case, enabling us to deliver tailored and effective legal solutions for the best chance of success.

 

If you have been injured at work, contact Lacey Solicitors using our online portal for trusted personal injury legal assistance.



Injured at Work in Northern Ireland? Legal Fees and Starting a Work Accident Claim Explained.

Posted on by Lacey Solicitors

NI work accidents occur when your employer fails to make your workplace a safe working environment. Work accidents can have serious repercussions, leaving you unable to work, losing income and in pain.

Making a claim for compensation will help you recover your losses after a trip, fall, fall from height, manual handling accident, or any other form of accident at work. Lacey Solicitors are an experienced team able to provide you with representation to guide you through your work accident claim.

Here is what you need to know about NI work accident compensation claims before you begin.

Eligibility: Are You Eligible for a Work Accident Claim?

 

Before you can bring a claim for compensation after an accident at work, you must meet the conditions which make you eligible. Firstly, you must make the claim within three years of the date of the workplace accident. Next, you must prove that your accident happened due to a third party’s negligence.

How Much Compensation Can You Get for a Work Accident in Belfast?

 

Medical expenses, any lost income, and the price allocated to your pain and suffering are all considered when you make a claim for compensation after an accident at work. The level of compensation awarded to you in respect to your pain and suffering varies but is designed to measure the hardships you have endured thanks to your NI/Belfast accident.

How Do You Start a Claim for a Work Accident in NI?

 

From Antrim to Fermanagh the process for making a claim for compensation after a workplace accident in NI is the same. The process for making a claim is as follows:

  •       Make yourself safe and ensure the safety of others.
  •       Seek medical attention to address your immediate injuries.
  •       Report your accident, including using an accident book to record it within the workplace.  This should stop the accident happening to one of your colleagues.
  •       Contact a work accident claims solicitor near you.
  •       The solicitor will investigate the accident and give you some preliminary advice.
  •       Your solicitor will need a medical report on your injuries and will send you to a Consultant for an examination and prognosis.
  •       Your solicitor will obtain an admission of liabilty and will enter into negotiations with the third party.
  •       If negotiations are sucessful, the claim will resolve and you will receive the compensation.
  •       If negotiations are unsucessful your solicitor will advise you on the next steps.

No Win, No Fee Solicitors for Work Accident Claims in NI?

 

Many people are unaware that no win, no fee agreements are prohibited within Northern Ireland. While no win, no fee compensation claims might be the norm in England and Wales, they do not apply in Northern Ireland.

Any solicitor in NI acting on a no win no fee basis may be doing so unlawfully.

If you are successful in your claim, then your court or solicitor costs will be covered by the other party involved.

Experienced Work Accident Claim Solicitors Near You

 

Whether you live in Armagh or Derry or Cork you can find the help you need through Lacey Solicitors. We can give you expert guidance and insider knowledge on how to proceed after an accident at work. If you have been injured by a work vehicle, have mishandled hazardous substances due to lack of training, or are injured using poorly maintained equipment, you may be eligible to make a claim.

Contact Lacey Solicitors using our Online Portal and a Solicitor will contact you within 24 hours to discuss your claim.

What is a Workplace Accident Claim in NI: Guidance from Lacey Solicitors Belfast

Posted on by Lacey Solicitors

Have you had an accident while you were at work? Did it seriously impact your health or your ability to earn? Has an industrial accident changed your life? Making a work accident claim could help you secure the financial resources you need during your recovery.

Having an accident in the workplace can leave you with health concerns that you do not know how to deal with. If you feel you do not know where to turn in the event of a workplace accident, then seeking legal advice could be your best course of action.

Forewarned is forearmed. If you understand the process of making a work accident claim in Northern Ireland, then you are better equipped if it happens to you.

What is A Work Accident Claim?

 

When you are injured in the workplace through negligence or a breach in the duty of care your employer has towards you, then you may make a claim for compensation for your injuries. Your employer has a statutory duty towards you while you are in the workplace. This duty, broadly speaking, is to protect you from any harm the tasks they hire you to complete might cause.

Can You Make a Workplace Accident Claim in NI?

 

To make a claim for compensation after an accident at work in NI, you must make the claim within three years of the date of your accident taking place. If you meet this criteria, then you must also prove that your employer broke their statutory duty towards you. This breach of their duty to care for you while on their premises or conducting work-related activities must have resulted in an accident.

What is a Statutory Duty of Care?

 

The Statutory Duty of Care is part of your employer’s responsibilities towards you while you are working for them. Your employer has a duty to ensure your health and safety while you conduct work related activities. Your employer must take all possible reasonable actions to protect your safety. An example is making machinery safe, implementing risk assessments, and ensuring that you have the correct safety gear for the job.

Failing to protect you from harm while you are performing tasks on your employer’s behalf is a breach of this duty. If you make a claim for compensation after a work accident in Belfast or the surrounding areas then you must prove that your employer breached this duty.

Types of Workplace Accident in NI

 

There are many different kinds of workplace accident. If you experience any of the following, then you should seek legal advice:

  •       Slips, trips, and falls which could have been avoided
  •       Falling from heights and injuring yourself, for example by falling from scaffolding.
  •       Lack of protective equipment can cause injuries, disease, or worse.
  •       Failure to implement appropriate safety measures, particularly in regard to machinery and safe operation.
  •       Lack of training – those expected to operate heavy equipment without appropriate training cannot be blamed should something go wrong.
  •       Old or ineffective equipment such as blunt tools
  •       Contact with toxic or hazardous chemicals
  •       Lifting and carrying incorrectly
  •       Fleet or vehicular incidents

What To Do If You are Injured at Work?

 

If you encounter an accident at work and you live in Northern Ireland, then there are steps you should take after your accident to legally protect your interests.

First, seek medical help and ensure your safety. Next, report the accident to the appropriate managers. Make sure you fill in an accident report form. Afterwards, begin the process of evidence gathering to back up your claim.

Finally, reach out to Lacey Solicitors using our secure Online Portal. Our law firm can offer expert legal advice which could help you achieve the compensation you deserve.

Construction Site Safety: The Role of the Project Supervisor and Contributory Negligence

Posted on by Lacey Solicitors

 

A recent judgment by Mr Justice Sanfey examined the role of the Project Supervisor on a construction site and clarified the extent of a contractor’s duties under the Safety, Health and Welfare at Work (Construction) Regulations 2013.

Duty of the Project Supervisor in Construction Site Safety

 

The Court accepted the Defendant’s argument that a contractor or Project Supervisor is not under an absolute duty to ensure a construction site is completely safe and free from risk of injury.

Article 30 of the 2013 Regulations explicitly states that this duty applies “so far as is reasonably practicable”, providing flexibility while maintaining a high standard of safety oversight.

Findings on Liability

 

In this case:

  • The safety statement prepared by the Defendant was found to be deficient, establishing primary liability with the Defendant.
  • The Plaintiff was found to have contributed to the incident through contributory negligence, by adopting a method of work that was inherently unsafe.

This judgment highlights the balance between contractor responsibilities and the practical limitations of maintaining safety on construction sites.

Warnings for Contractors and Project Supervisors

 

  1. Reasonable Practicability: When considering Construciton Site Safety, contractors must ensure safety measures are implemented to a reasonable standard, considering cost, time, and practicality.
  2. Safety Statements Matter: A deficient safety statement can expose contractors to primary liability.
  3. Contributory Negligence: Workers or supervisors adopting unsafe methods may reduce the recoverable damages in a claim.
  4. Compliance: Adhering to the 2013 Regulations is crucial to mitigate liability.

This judgment serves as a reminder for Project Supervisors, contractors, and construction firms that while safety obligations are high, they are measured against what is reasonably practicable. Proper planning, effective safety statements, and safe work practices remain critical to protecting both employees and employers.

Fanning v Myerscough & Anor: Implications for Insurance Defence in Employers’ Liability Claims

Posted on by Damian McGeady

In Fanning v Myerscough & Anor [2012] IEHC 128, the plaintiff, Mr. Fanning, sustained a serious foot injury while alighting from a tractor during his employment at Baroda Stud. The tractor’s door swung open unexpectedly, causing him to lose balance and fall. The court found that the tractor’s restraining strut was defective, breaching the employer’s statutory duty to maintain safe equipment.

Legal Considerations for Insurance Defence Solicitors in Ireland

 

1. Breach of Statutory Duty

The court established that the employer failed to maintain the tractor’s restraining strut, constituting a breach of statutory duty. This finding underscores the importance for insurers to assess whether statutory obligations have been met in workplace safety matters.

2. Contributory Negligence

The court assessed contributory negligence at 50%, noting that while the employer breached statutory duty, the plaintiff’s own actions contributed significantly to the accident. This highlights the potential for substantial mitigation of liability when employee conduct is a contributing factor.

3. Causation and Injury Assessment

The court accepted expert evidence linking the plaintiff’s injury to the accident, despite the presence of an underlying vascular condition. This reinforces the need for comprehensive medical evaluations to establish clear causation in injury claims.

Implications for Insurance Defence Lawyers in Ireland

 

  • Documentation of Safety Measures: Insurers should ensure that employers maintain thorough records of equipment maintenance and safety protocols to defend against claims of statutory breaches.

  • Investigation of Employee Conduct: A detailed investigation into the employee’s actions leading up to the incident can provide grounds for asserting contributory negligence and reducing liability.

  • Expert Medical Testimony: Engaging medical experts to assess the extent of injuries and their connection to the accident is crucial in disputing exaggerated claims.

Conclusion

 

The Fanning v Myerscough & Anor case serves as a pertinent example for insurance defence professionals, illustrating how contributory negligence can significantly impact the outcome of Employers’ Liability claims. By focusing on the interplay between statutory duties and employee conduct, insurers can develop more effective defence strategies in similar cases.  For more information or to discuss any Employers Liabilty matter, contact us using our secure online portal.

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