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An Independent Authority known as the Health and Safety Authority was set up under the Safety Health and Welfare at Work Act 1989. There have been numerous other Acts over the years including the Factories Act 1955 and the Safety in Industry Act 1980. There is also legislation covering working in mines and quarries and in handling dangerous substances and numerous Regulations covering various aspects of Health and Safety such as the lifting of weights. Unfortunately, accidents in the workplace are all too common however if you are an employee you can take comfort from the fact that the duty of care that an employer owes its employees is a very high standard of care and it had been our experience that unless the employee was blatantly responsible for an accident the employer will be held responsible for injuries suffered by
an employee in the course of their work.
The duty of care is well set out in the Safety In Industry Act 1980 as follows:
"It shall be the duty of every employed to ensure, so far as is reasonably practicable the Safety, Health and Welfare at Work of all his employees."
This duty of care had been subdivided into the following general categories:
| A. |
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The Provision of Competent Staff. |
| B. |
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The Provision of a Safe Place of Work. |
| C. |
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The Provision of Proper Equipment. |
| D. |
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The Provision of a Safe System of Work. |
People taking cases against their employers may be worried about the possibility of being dismissed because of bringing an action. In our experience it is extremely rare and we cannot recall of a case where an employer had dismissed an employee arising out of an accident in which the employee suffered injury. In practical terms it would not be wise for an employer to dismiss an employee who was taking a claim for Personal Injury as this may ultimately increase the level of damages awarded to the injured employee and furthermore the employee may have a case under the Unfair Dismissals Acts 1977-1993.
*In contentious business, a Solicitor may not calculate fees or other charges
as a percentage or proportion of any award or settlement.
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