Electrical accidents at work and how to claim compensation
About 1000 cases are reported to the Health and Safety Executive in the UK involving burns or electrical shock. Approximately 30 of these will be fatal. We assess below how electrical accidents at work happen, how to claim compensation for them and how to avoid them.
What are the different types of electrical accidents at work?
Electrical accidents at work can occur in various forms, and they often result from electrical hazards in the workplace. These accidents can lead to serious injuries or fatalities. Here are some different types of electrical accidents that can occur at work:
How to avoid electrical accidents at work
To avoid electrical accidents at work, it's essential to prioritize electrical safety through a combination of preventive measures, training, and best practices. Here are some effective ways to prevent electrical accidents at work, along with examples:
2. Electrical Safety Training:
3. Lockout/Tagout Procedures:
4. Proper Equipment Use:
5. Fault Circuit Interrupters (GFCIs):
6. Electrical Panel Safety:
7. Use of Personal Protective Equipment (PPE):
8. Safe Work Practices:
13. Warning Signs and Labels:
By implementing these measures and promoting a culture of safety, organizations can significantly reduce the risk of electrical accidents at work and create a safer environment for employees.
Electrical accidents at work can result in a range of injuries, some of which can be severe or even fatal. The type and severity of injuries sustained in electrical accidents depend on various factors, including the voltage of the electrical current, the duration of exposure, the path the current takes through the body, and the individual's overall health. Here are some common types of injuries that can occur in electrical accidents at work:
The primary legislation governing electrical safety at work in Northern Ireland is the Electricity at Work Regulations (Northern Ireland) 1991, which are made under the Health and Safety at Work (Northern Ireland) Order 1978.
The Electricity at Work Regulations (Northern Ireland) 1991 require employers to take measures to prevent the risk of injury or death from electrical hazards in the workplace. Some key provisions under these regulations typically include:
All employers have a duty of care to their employees to ensure that that they have a safe working environment. If employees are exposed to potential risks to their safety at work, then the employer must ensure that they take whatever steps are necessary to remove them from such dangers (for example by supplying personal protective equipment).
If employers fail to recognise the risks employees face or fail to take steps to prevent employees being harmed, then employees will have a claim for compensation against such employers.
If an employee commits a wrongful act or causes harm to another person while carrying out their job duties or acting on behalf of their employer, the employer may be held legally liable for the employee's actions, even if the employer did not directly participate in or endorse the wrongful conduct. This is called vicarious liability.
The primary legal framework for employer obligations in Northern Ireland is the Health and Safety at Work (Northern Ireland) Order 1978, which has been amended and updated over the years.
If you experience an electrical accident at work, it's essential to take immediate steps to protect yourself and others and to ensure proper medical attention and reporting. Here's what you should do:
Remember that electrical accidents can be extremely dangerous, and immediate action is crucial to minimize harm. Always prioritize safety and seek professional medical care for any injuries resulting from an electrical accident. Additionally, follow your workplace's safety procedures and guidelines to prevent such incidents in the first place.
In Northern Ireland, the limitation period for personal injury claims is typically three years from the date of the accident or the date when the injury occurred. This means that you generally have three years from the incident's date to issue proceedings a personal injury claim.
However, there are some exceptions and nuances to consider:
Date of Knowledge: In cases where the injury or its cause was not immediately apparent at the time of the accident, the limitation period may start from the date when you first became aware of your injury and its connection to the accident. This is known as the "date of knowledge."
Under age of 18: if an injured party is a minor (under 18 years old) at the time of the accident, the three-year limitation period typically begins on their 18th birthday. So, they have until their 21st birthday to file a claim.
Mental Capacity: If the injured party lacked the mental capacity to make legal decisions at the time of the accident, the limitation period may not start until they regain capacity.
Death Claims: In cases where a personal injury results in death, the limitation period for the deceased's estate to make a claim is typically three years from the date of death.
Extension of Time: In exceptional circumstances, the court may have the discretion to extend the limitation period, but such extensions are not common and are granted sparingly.
It's crucial to consult with a solicitor as soon as possible after an accident. They can provide you with accurate advice on the limitation period that applies to your specific case and help you take the necessary steps to pursue a claim if it is within the statutory time frame. Waiting too long to file a claim can result in the loss of your right to seek compensation for your injuries and losses.
Do not delay – seek legal advice as soon as possible after an accident.
We divide compensation into a number of headings:
Few cases go to a full court hearing. Most cases are dealt with or settled by us without the necessity of a full hearing.
We, at the Kearney Law Group, have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with your claim for personal injury arising from your electrical workplace accident. We will ensure you recover compensation for your injuries and loss, swiftly and professionally.
We only do personal injury law and are experts at it.
For further assistance and a free consultation to discuss your accident please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form
The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.
Fallen off a ladder and making a personal injury claim – here’s how
Using ladders at work can be hazardous if proper precautions are not taken. Ladder-related accidents are a common cause of workplace injuries. In the UK, falls from ladders account for almost a third of all injuries and cost the UK economy £60 million every year.
In the USA, in 2020, there were 161 fatal work injuries from which ladders were the primary source. There were 105 deaths specifically from movable ladders in 2020 and 5 deaths from fixed ladders.
What are the most common mistakes when using ladders at work?
To mitigate these dangers, employers should provide proper training on ladder safety, conduct regular inspections of ladders, ensure employees use the right ladder for the job, and establish a culture of safety in the workplace. It's essential for workers to be aware of the risks and to follow safety guidelines diligently when using ladders to prevent accidents and injuries.
What rules should apply when using ladders at work?
Laws and regulations related to the use of ladders at work in Northern Ireland primarily fall under the Health and Safety at Work (Northern Ireland) Order 1978 and its associated regulations. Here are some key aspects of ladder use in Northern Ireland:
How can falls from ladders at work be prevented?
Preventing falls from ladders while at work is essential to ensuring workplace safety. Here are several key steps and safety measures you can take to help prevent falls from ladders:
By following these safety measures and promoting a culture of safety in the workplace, you can significantly reduce the risk of falls from ladders while at work, ultimately protecting the health and well-being of employees.
What are my employer’s legal responsibilities at work?
All employers have a duty of care to their employees to ensure that that they have a safe working environment. If employees are exposed to potential risks to their safety at work, then the employer must ensure that they take whatever steps are necessary to remove them from such dangers (for example by supplying personal protective equipment). Employers are expected to carry out risk assessments to determine how great the dangers are and what steps can be taken to lessen or prevent same.
If employers fail to recognise the risks employees face or fail to take steps to prevent employees being harmed, then employees will have a claim for compensation against such employers.
If an employee commits a wrongful act or causes harm to another person while carrying out their job duties or acting on behalf of their employer, the employer may be held legally liable for the employee's actions, even if the employer did not directly participate in or endorse the wrongful conduct. For instance, if an employee negligently did not foot a ladder properly and the employee on the ladder fell from it, then the employer will be held liable to compensate the injured employee. This is called vicarious liability.
How long do I have to take a claim for personal injury in Northern Ireland?
In Northern Ireland, the limitation period for personal injury claims is typically three years from the date of the accident or the date when the injury occurred. This means that you generally have three years from the incident's date to issue proceedings in a personal injury claim.
However, there are some exceptions and nuances to consider:
Date of Knowledge: In cases where the injury or its cause was not immediately apparent at the time of the accident, the limitation period may start from the date when you first became aware of your injury and its connection to the accident. This is known as the "date of knowledge."
Under age of 18: if an injured party is a minor (under 18 years old) at the time of the accident, the three-year limitation period typically begins on their 18th birthday. So, they have until their 21st birthday to file a claim.
Mental Capacity: If the injured party lacked the mental capacity to make legal decisions at the time of the accident, the limitation period may not start until they regain capacity.
Death Claims: In cases where a personal injury results in death, the limitation period for the deceased's estate to make a claim is typically three years from the date of death.
Extension of Time: In exceptional circumstances, the court may have the discretion to extend the limitation period, but such extensions are not common and are granted sparingly.
It's crucial to consult with a solicitor as soon as possible after an accident. They can provide you with accurate advice on the limitation period that applies to your specific case and help you take the necessary steps to pursue a claim if it is within the statutory time frame. Waiting too long to file a claim can result in the loss of your right to seek compensation for your injuries and losses. Do not delay in seeking legal advice.
What steps should I take if I fall from a ladder at work?
If you have fallen from a ladder, it's important to take the following steps to ensure your well-being, report the incident, and protect your rights:
Seek Immediate Medical Attention (if necessary):
If you are injured and require medical attention, prioritize your health and safety. Get medical assistance as soon as possible, either by calling 999 (or 111) for emergencies or by seeking treatment from a designated first-aid provider or medical professional on the worksite.
Report the Accident to Your Supervisor/Employer:
Notify your immediate supervisor, manager, or employer about the accident as soon as possible, even if your injuries seem minor. Provide details of the accident, where it occurred, and any witnesses. Ensure that the incident is documented.
Document the Incident:
Write down your account of the accident, including the date, time, location, circumstances, and any contributing factors. Include descriptions of injuries sustained and any safety hazards that may have played a role.
Gather Witness Statements:
If there were any witnesses to the accident, ask them to provide statements about what they saw. Witness statements can be valuable in determining liability and supporting your claim.
Take Photographs:
If it's safe to do so and if you have access to a camera or smartphone, take photographs of the accident scene, any hazards, and your injuries. Visual evidence can be important if you need to prove the conditions at the time of the incident.
Request an Accident Report:
Your employer may have a standard accident report form that you should complete. Ensure that this report is filled out accurately and thoroughly. Keep a copy for your records.
Consult with a solicitor:
If you have been injured, consult with a solicitor to understand your legal rights and any potential claim.
How is my compensation assessed?
We divide compensation into a number of headings:
Will my case go to Court?
Few cases go to a full court hearing. Most cases are dealt with or settled by us without the necessity of a full hearing.
Why should you instruct the Kearney Law Group?
We, at the Kearney Law Group, are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with your claim for personal injury arising from your fall from a ladder. We will ensure you recover compensation for your injuries and loss, swiftly and professionally.
We only do personal injury law and are experts at it.
For further assistance please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form
The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.
Top of Form
Working at height can be dangerous, and accidents can result in serious injuries or fatalities. In the UK falls from heights accounted for 29% of all fatal accidents in the workplace in 2020 – 2021. In Australia the figure was 29% (2019). Since 2020, falls have killed nine workers carrying out construction work at height in Northern Ireland.
Common causes of accidents when working from heights
These include:
To prevent accidents when working at height, it is crucial to prioritize safety, provide proper training, conduct risk assessments, use appropriate equipment, and enforce strict safety protocols. Additionally, regular safety inspections and audits should be carried out to identify and address potential hazards.
What are my employer’s legal responsibilities?
All employers have a duty of care to their employees to ensure that that they have a safe working environment. If employees are exposed to potential risks to their safety at work, then the employer must ensure that they take whatever steps are necessary to remove them from such dangers (for example by supplying personal protective equipment or providing harnesses). Employers are expected to carry out risk assessments to determine how great the dangers are and what steps can be taken to lessen or prevent same.
If employers fail to recognise the risks employees face or fail to take steps to prevent employees being harmed, then employees will have a claim for compensation against such employers.
If an employee commits a wrongful act or causes harm to another person while carrying out their job duties or acting on behalf of their employer, the employer may be held legally liable for the employee's actions, even if the employer did not directly participate in or endorse the wrongful conduct. For instance if an employee negligently did not foot a ladder properly and the employee on the ladder fell from it, then the employer will be held liable to compensate the injured employee. This is called vicarious liability.
The primary legal framework for employer obligations in Northern Ireland is the Health and Safety at Work (Northern Ireland) Order 1978, which has been amended and updated over the years.
Key aspects of the duty of care that employers owe to employees in Northern Ireland include:
Providing a Safe Workplace:
Employers must provide a safe and healthy working environment, including safe premises, equipment, and materials. This includes taking steps to prevent accidents and hazards.
Risk Assessment:
Employers are required to conduct risk assessments to identify and assess potential workplace hazards. They must then take reasonable steps to control and mitigate these risks.
Health and Safety Policies and Procedures:
Employers must establish and communicate health and safety policies and procedures to employees. These policies should outline safe work practices, emergency procedures, and responsibilities.
Training and Information:
Employers must provide employees with necessary training and information to perform their jobs safely. This includes training on how to use equipment, handle hazardous substances, and respond to emergencies.
Supervision and Monitoring:
Employers are responsible for supervising employees and monitoring their work to ensure that safety procedures are followed and that any issues are promptly addressed.
Providing Personal Protective Equipment (PPE):
When required, employers must supply appropriate personal protective equipment (PPE) to employees and ensure its proper use.
Consultation and Involvement:
Employers are encouraged to consult with employees and involve them in health and safety matters. This may include appointing safety representatives or establishing safety committees.
Reporting and Investigating Accidents:
Employers are required to report certain workplace accidents, injuries, and incidents to the Health and Safety Executive for Northern Ireland (HSENI). They must also conduct investigations to identify the causes and implement corrective measures.
Legal Compliance:
Employers must comply with all relevant health and safety laws and regulations, including those specific to Northern Ireland.
In Northern Ireland must employers insure their employees against personal injury?
In Northern Ireland, employers are legally required to have employers' liability insurance to cover potential personal injury claims by their employees. This requirement is established under the Employers' Liability (Compulsory Insurance) Act 1969. Employers' liability insurance is designed to provide financial protection to employers in case an employee is injured or becomes ill as a result of their work and files a compensation claim.
How long do I have to take a claim for personal injury in Northern Ireland?
In Northern Ireland, the limitation period for personal injury claims is typically three years from the date of the accident or the date when the injury occurred. This means that you generally have three years from the incident's date to issue proceedings a personal injury claim.
However, there are some exceptions and nuances to consider:
Date of Knowledge: In cases where the injury or its cause was not immediately apparent at the time of the accident, the limitation period may start from the date when you first became aware of your injury and its connection to the accident. This is known as the "date of knowledge."
Under age of 18: if an injured party is a minor (under 18 years old) at the time of the accident, the three-year limitation period typically begins on their 18th birthday. So, they have until their 21st birthday to file a claim.
Mental Capacity: If the injured party lacked the mental capacity to make legal decisions at the time of the accident, the limitation period may not start until they regain capacity.
Death Claims: In cases where a personal injury results in death, the limitation period for the deceased's estate to make a claim is typically three years from the date of death.
Extension of Time: In exceptional circumstances, the court may have the discretion to extend the limitation period, but such extensions are not common and are granted sparingly.
It's crucial to consult with a solicitor as soon as possible after an accident. They can provide you with accurate advice on the limitation period that applies to your specific case and help you take the necessary steps to pursue a claim if it is within the statutory time frame. Waiting too long to file a claim can result in the loss of your right to seek compensation for your injuries and losses.
What steps should I take if I have an accident at work?
If you have an accident at work, it's important to take the following steps to ensure your well-being, report the incident, and protect your rights:
Seek Immediate Medical Attention (if necessary):
If you are injured and require medical attention, prioritize your health and safety. Get medical assistance as soon as possible, either by calling 999 (or 111) for emergencies or by seeking treatment from a designated first-aid provider or medical professional on the worksite.
Report the Accident to Your Supervisor/Employer:
Notify your immediate supervisor, manager, or employer about the accident as soon as possible, even if your injuries seem minor. Provide details of the accident, where it occurred, and any witnesses. Ensure that the incident is documented.
Document the Incident:
Write down your account of the accident, including the date, time, location, circumstances, and any contributing factors. Include descriptions of injuries sustained and any safety hazards that may have played a role.
Gather Witness Statements:
If there were any witnesses to the accident, ask them to provide statements about what they saw. Witness statements can be valuable in determining liability and supporting your claim.
Take Photographs:
If it's safe to do so and if you have access to a camera or smartphone, take photographs of the accident scene, any hazards, and your injuries. Visual evidence can be important if you need to prove the conditions at the time of the incident.
Request an Accident Report:
Your employer may have a standard accident report form that you should complete. Ensure that this report is filled out accurately and thoroughly. Keep a copy for your records.
Consult with a solicitor:
If you have been injured, consult with a solicitor to understand your legal rights and any potential claim.
How is my compensation assessed?
We divide compensation into a number of headings:
Will my case go to Court?
Few cases go to a full court hearing. Most cases are dealt with or settled by us without the necessity of a full hearing.
Why should you instruct the Kearney Law Group?
We, at the Kearney Law Group, are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with your claim for personal injury arising from your workplace accident. We will ensure you recover compensation for your injuries and loss, swiftly and professionally.
We only do personal injury law and are experts at it.
For further assistance please ring us on (028) 90 912938 or fill in our contact form
The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.
Accidents in the construction sector in Northern Ireland and claims for personal injuries.
The construction industry is a major employer in Northern Ireland and has a poor accident record with 46 workers killed in accidents over the last 10 years. The statistics for 2002 – 2017 published by the Health and Safety Executive Northern Ireland (HSE NI) are linked here (page 11).
This blog sets out the most common types of accidents in the construction sector and the hows’ and whys’ of compensation claims.
What are the most common accidents in the construction sector in NI?
Accidents in the construction sector in NI share similarities with those in other countries, but they can also be influenced by specific factors such as regulations, work practices, and prevailing conditions. The most common accidents in construction sector in NI include:
Falls from Height: This is consistently one of the most common causes of accidents in the NI construction industry. Workers can fall from scaffolding, ladders, roofs, or other elevated surfaces. Between 2020 and 2022, 9 workers have been killed in falls from heights in Northern Ireland.
The HSE NI have stated that suitable access equipment needs to be used by those working on platforms and edge protection by those working at height. There has been a campaign by the HSE NI to raise awareness, including on selecting the most appropriate equipment including properly erected external scaffolding when building a house, an extension or when having substantial roof or chimney works undertaken.
Other risks include internal falls, such as those from external scaffold platforms into the building or from openings, roof lights and voids.
HSE NI said it is “essential” for those in control of work at height to make sure it is properly planned and supervised as well as carried out by those with necessary skills, knowledge and experience.
HSE NI have stated that protection from falls of flat roof edges can be prevented by providing temporary edge protection, such as double guardrail and toe board around the edge of the roof installed by a trained scaffolder or other suitable proprietary edge protection systems.
Struck by Moving Objects: Workers can be struck by moving vehicles, machinery, or equipment on construction sites. This includes incidents involving cranes, forklifts, or construction vehicles.
Collapse or Overturning of Structures: The collapse or overturning of structures, such as walls, excavations, or trenches, can result in accidents and injuries, including being trapped or caught beneath the collapsed structure.
Handling and Lifting Injuries: Injuries related to manual handling, lifting, or carrying heavy objects are common. Musculoskeletal injuries can occur due to improper lifting techniques or heavy loads.
Slips, Trips, and Falls: Hazards like uneven surfaces, wet or slippery areas, and poor housekeeping can lead to slips, trips, and falls on construction sites.
Machinery Accidents: Operating heavy machinery and equipment can be hazardous if proper training and safety protocols are not followed. This includes incidents involving excavators, bulldozers, and cranes.
Electrocution: Contact with live electrical wires or faulty equipment can lead to electrocution accidents, which can be fatal.
Respiratory Issues: Exposure to dust, fumes, and other airborne contaminants can lead to respiratory problems, especially when working with materials like asbestos or silica.
Inadequate PPE: Failure to wear appropriate personal protective equipment, such as hard hats, safety boots, or high-visibility clothing, can increase the risk of accidents and injuries.
Confined Space Accidents: Working in confined spaces can be dangerous, leading to hazards like suffocation, toxic gas exposure, or entrapment.
Hazardous Materials Incidents: Construction sites may involve the handling of hazardous materials such as asbestos or lead, which can pose health risks if not managed properly.
Noise-Related Issues: Prolonged exposure to loud machinery and equipment can result in hearing loss and other noise-related health problems.
Who is responsible for ensuring safety in the construction sector in Northern Ireland?
In Northern Ireland, safety in the construction sector is regulated and overseen by several organizations and authorities. The key organizations responsible for ensuring safety in the construction sector in Northern Ireland include:
Health and Safety Executive for Northern Ireland (HSE NI): HSE NI is the primary authority responsible for promoting and enforcing health and safety standards across all industries in Northern Ireland, including the construction sector. It develops and enforces regulations, conducts inspections, provides guidance, and offers training to improve safety practices in construction and other industries.
Construction Industry Training Board Northern Ireland (CITB NI): CITB NI is responsible for the training and development of the construction workforce in Northern Ireland. It offers various training programs and initiatives to improve skills and safety awareness among construction workers.
Department for Infrastructure (DfI): The DfI oversees infrastructure and construction projects in Northern Ireland. It plays a role in setting and enforcing safety standards for public construction projects and infrastructure developments.
Construction Employers Federation (CEF): CEF represents construction employers in Northern Ireland and works to promote best practices and safety within the construction industry. While it doesn't have regulatory authority, it plays a vital role in advocating for safety measures among its members.
Construction Contractors: Individual construction companies and contractors have a responsibility to ensure the safety of their workers and adhere to health and safety regulations. They are required to implement safety measures, provide appropriate training, and conduct risk assessments on their construction sites.
Workers: Construction workers also have a personal responsibility to adhere to safety guidelines, use personal protective equipment (PPE), and report safety concerns to their employers or relevant authorities.
It's important to note that safety regulations and oversight may evolve over time, and construction companies and workers should stay informed about the latest requirements and best practices to ensure a safe working environment in Northern Ireland's construction sector.
What are my employer’s legal responsibilities?
All employers have a duty of care to their employees to ensure that that they have a safe working environment. If employees are exposed to potential risks to their safety at work, then the employer must ensure that they take whatever steps are necessary to remove them from such dangers (for example by supplying personal protective equipment). Employers are expected to carry out risk assessments to determine how great the dangers are and what steps can be taken to lessen or prevent same.
If employers fail to recognise the risks employees face or fail to take steps to prevent employees being harmed, then employees will have a claim for compensation against such employers.
If an employee commits a wrongful act or causes harm to another person while carrying out their job duties or acting on behalf of their employer, the employer can be held legally liable for the employee's actions, even if the employer did not directly participate in or endorse the wrongful conduct. For instance of an employee negligently dropped a brick on another employee, then the employer will be held liable to compensate the injured employee. This is called vicarious liability.
The primary legal framework for employer obligations in Northern Ireland is the Health and Safety at Work (Northern Ireland) Order 1978, which has been amended and updated over the years.
Key aspects of the duty of care that employers owe to employees in Northern Ireland include:
Providing a Safe Workplace:
Employers must provide a safe and healthy working environment, including safe premises, equipment, and materials. This includes taking steps to prevent accidents and hazards.
Risk Assessment:
Employers are required to conduct risk assessments to identify and assess potential workplace hazards. They must then take reasonable steps to control and mitigate these risks.
Health and Safety Policies and Procedures:
Employers must establish and communicate health and safety policies and procedures to employees. These policies should outline safe work practices, emergency procedures, and responsibilities.
Training and Information:
Employers must provide employees with necessary training and information to perform their jobs safely. This includes training on how to use equipment, handle hazardous substances, and respond to emergencies.
Supervision and Monitoring:
Employers are responsible for supervising employees and monitoring their work to ensure that safety procedures are followed and that any issues are promptly addressed.
Providing Personal Protective Equipment (PPE):
When required, employers must supply appropriate personal protective equipment (PPE) to employees and ensure its proper use.
Consultation and Involvement:
Employers are encouraged to consult with employees and involve them in health and safety matters.
Reporting and Investigating Accidents:
Employers are required to report certain workplace accidents, injuries, and incidents to the Health and Safety Executive for Northern Ireland (HSE NI). They must also conduct investigations to identify the causes and implement corrective measures.
Legal Compliance:
Employers must comply with all relevant health and safety laws and regulations, including those specific to Northern Ireland.
In Northern Ireland must employers insure their employees against personal injury?
In Northern Ireland, employers are legally required to have employers' liability insurance to cover potential personal injury claims by their employees. This requirement is established under the Employers' Liability (Compulsory Insurance) Act 1969. Employers' liability insurance is designed to provide financial protection to employers in case an employee is injured or becomes ill as a result of their work and files a compensation claim.
Key points regarding employers' liability insurance in Northern Ireland:
Legal Requirement: Employers' liability insurance is mandatory for most employers in Northern Ireland. The legal requirement is that employers must have a minimum coverage limit of £5 million.
Coverage: This type of insurance typically covers compensation claims made by employees who have suffered injuries, illnesses, or accidents arising from their employment. It helps employers meet their legal obligations to provide compensation to employees in such cases.
Display of Certificate: Employers are required to display a copy of their employers' liability insurance certificate in a location where employees can easily see it, or they must make it readily available to their employees upon request.
Penalties: Failing to have valid employers' liability insurance can result in significant penalties, including fines and legal consequences. The fines can be substantial, and employers may be fined for each day they do not have insurance.
How long do I have to take a claim for personal injury in Northern Ireland?
In Northern Ireland, the limitation period for personal injury claims is typically three years from the date of the accident or the date when the injury occurred. This means that you generally have three years from the incident's date to issue proceedings a personal injury claim.
However, there are some exceptions and nuances to consider:
Date of Knowledge: In cases where the injury or its cause was not immediately apparent at the time of the accident, the limitation period may start from the date when you first became aware of your injury and its connection to the accident. This is known as the "date of knowledge."
Under age of 18: if an injured party is a minor (under 18 years old) at the time of the accident, the three-year limitation period typically begins on their 18th birthday. So, they have until their 21st birthday to file a claim.
Mental Capacity: If the injured party lacked the mental capacity to make legal decisions at the time of the accident, the limitation period may not start until they regain capacity.
Death Claims: In cases where a personal injury results in death, the limitation period for the deceased's estate to make a claim is typically three years from the date of death.
Extension of Time: In exceptional circumstances, the court may have the discretion to extend the limitation period, but such extensions are not common and are granted sparingly.
It's crucial to consult with a solicitor as soon as possible after an accident. They can provide you with accurate advice on the limitation period that applies to your specific case and help you take the necessary steps to pursue a claim if it is within the statutory time frame. Waiting too long to file a claim can result in the loss of your right to seek compensation for your injuries and losses.
What steps should I take if I have an accident at work?
If you have an accident at work, it's important to take the following steps to ensure your well-being, report the incident, and protect your rights:
Seek Immediate Medical Attention (if necessary):
If you are injured and require medical attention, prioritize your health and safety. Get medical assistance as soon as possible, either by calling 999 (or 111) for emergencies or by seeking treatment from a designated first-aid provider or medical professional on the worksite.
Report the Accident to Your Supervisor/Employer:
Notify your immediate supervisor, manager, or employer about the accident as soon as possible, even if your injuries seem minor. Provide details of the accident, where it occurred, and any witnesses. Ensure that the incident is documented.
Document the Incident:
Write down your account of the accident, including the date, time, location, circumstances, and any contributing factors. Include descriptions of injuries sustained and any safety hazards that may have played a role.
Gather Witness Statements:
If there were any witnesses to the accident, ask them to provide statements about what they saw. Witness statements can be valuable in determining liability and supporting your claim.
Take Photographs:
If it's safe to do so and if you have access to a camera or smartphone, take photographs of the accident scene, any hazards, and your injuries. Visual evidence can be important if you need to prove the conditions at the time of the incident.
Request an Accident Report:
Your employer may have a standard accident report form that you should complete. Ensure that this report is filled out accurately and thoroughly. Keep a copy for your records.
Consult with a solicitor:
If you have been injured, consult with a solicitor to understand your legal rights and any potential claim.
How is my compensation assessed?
We divide compensation into a number of headings:
Will my case go to Court?
Few cases go to a full court hearing. Most cases are dealt with or settled by us without the necessity of a full hearing.
Why should you instruct the Kearney Law Group?
We, at the Kearney Law Group, are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with your claim for personal injury arising from your workplace accident. We will ensure you recover compensation for your injuries and loss, swiftly and professionally.
We only do personal injury law and are experts at it.
For further assistance please ring us at 02890 912 938 or fill in our contact form
The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.
Motorcycle accidents and compensation in Northern Ireland
Motorcycle accidents can be very serious as the motorcyclist is in a more vulnerable position that a motorist. Motorcycles make up 1% of all vehicles on the road in the UK yet account for 20% of all road deaths. The Department of Transport figures for the year ending June,2022 show what there were 346 motorcycle fatalities and 17171 motorcycle injuries in Great Britain.
Why are motorcyclists more vulnerable in road traffic accidents?
Motorcyclists are more vulnerable in road traffic accidents compared to occupants of enclosed vehicles for several reasons:
Due to these vulnerabilities, motorcyclists need to take extra precautions to stay safe on the road. This includes wearing appropriate protective gear (such as helmets, gloves, jackets, and boots), receiving proper training, practicing defensive riding techniques, and staying alert to their surroundings. Of course, drivers of other vehicles should be aware of motorcyclists and share the road responsibly.
What are the main causes of motorcycle accidents?
These are some of the main causes:
To reduce the risk of motorcycle accidents, it's important for riders to undergo proper training, follow traffic rules, wear appropriate safety gear, and remain alert and cautious while riding. Likewise, drivers of other vehicles should be attentive and share the road responsibly with motorcyclists.
Give some different examples involving accidents and motorcyclists and who is likely to bear responsibility.
Determining responsibility in motorcycle accidents involving motorists can be complex and often depends on the specific circumstances of each case.
Liability can be shared, and the legal outcome may vary based on factors such as local traffic laws and available evidence. Here are some scenarios and potential assignments of responsibility:
Remember, assigning responsibility can be legally complex and may vary based on jurisdiction and the specifics of each case.
Is it legal to lane split (ride between lanes of slower-moving or stopped traffic)?
In Northern Ireland, it is legal to lane split provided it is done with all due care and attention and consideration for all other road users.
What if the party that caused the accident is uninsured or they drive away before I can get their details?
If you are involved in an accident with an uninsured or untraced driver in Northern Ireland, you can make a claim for compensation from the Motor Insurers Bureau (MIB). The MIB will investigate the claim and if it is satisfied that the accident was caused by an uninsured or untraced driver, it will pay compensation to the victim in accordance with the relevant legal provisions.
In 2021, the MIB in the UK handled 26000 personal injury claims, a 25% increase on the previous year.
It is important to note that the MIB is not an insurance company and does not provide motor insurance policies. Its main role is to compensate victims of road traffic accidents that are caused by uninsured or untraced drivers.
There are reporting conditions in claims against the MIB and you should legal advice immediately if you are involved in an accident with an uninsured or untraced driver.
How long do I have to make a claim for personal injury?
Normally you have three years from the date of your injury. However:
My partner was fatally injured in a road traffic accident. Who can bring a claim for damages in such circumstances?
You can – subject to the provisions in the Fatal Accidents Northern Ireland Order 1977. Under the Fatal Accidents (Northern Ireland) Order 1977, the following people are entitled to bring a claim for compensation:
What is the time limit for a claim under the Fatal Accidents Act?
Under the Fatal Accidents (Northern Ireland) Order 1977, a claim for compensation must be brought within three years of the date of the deceased's death. This period can be extended:
What should I do if I have an accident?
How is my compensation assessed?
We divide compensation into a number of headings:
Why should you instruct the Kearney Law Group?
We, at the Kearney Law Group, are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with your claim for personal injury, loss and damage arising from your motorcycle accident. We will ensure you recover compensation for your injuries and loss, swiftly and professionally.
We only do personal injury law and are experts at it.
For further assistance please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form
The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.
Data Protection Law in Northern Ireland
The law in Northern Ireland in relation to data is contained in the Data Protection Act 2018. The 2018 Act reflects the General Data Protection Regulations implemented by the Europe Union. The legislation controls how personal information can be used and your rights to ask for information about yourself.
What is personal data?
Personal data is information about an identifiable living individual. This will include any information which has been anonymised, but where the individual could still be identified by other information that can be accessed. This will include names, addresses, workplace, personnel records, medical or health records, work records etc.
What duties are imposed under the Data Protection Act, 2018?
Everyone responsible for using personal data has to follow strict rules called ‘data protection principles’. They must make sure the information is:
What rights do I have under the 2018 Act?
Under the Data Protection Act 2018, you have the right to find out what information the government and other organisations store about you. These include the right to:
How do I get access to my own data?
Write to an organisation to ask for a copy of the information they hold about you.
If it’s a public organisation, write to their Data Protection Officer (DPO). Their details should be on the organisation’s privacy notice.
If the organisation has no DPO, or you do not know who to write to, address your letter to the company secretary.
How long it should take
The organisation must give you a copy of the data they hold about you as soon as possible, and within 1 month at most.
In certain circumstances, for example particularly complex or multiple requests, the organisation can take a further 2 months to provide data. In this case, they must tell you:
When information can be withheld
There are some situations when organisations are allowed to withhold information, for example if the information is about:
An organisation does not have to say why they’re withholding information.
How much it costs
Requests for information are usually free. However, organisations can charge an administrative cost in some circumstances, for example if:
How do I make a complaint?
If you think your data has been misused or that the organisation holding it has not kept it secure, you should contact them and tell them.
If you’re unhappy with their response, you can make a complaint to the Information Commissioner’s Office (ICO) or get advice from the ICO.
The Information Commissioner’s Office – Northern Ireland
3rd Floor
14 Cromac Place,
Belfast
BT7 2JB
Telephone: 0303 123 1114
Email: [email protected]
The ICO can investigate your claim and take action against anyone who’s misused personal data. They cannot however recover compensation for an individual’s loss as a result of the data breach.
Am I entitled to financial compensation if my data is used incorrectly or if my rights under the Act are breached?
The law states that “any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.”
In addition, the disclosure of any personal data without consent of the individual represents a breach of the privacy rights of the patient under Article 8 of the European Convention of Human Rights.
Unlawful disclosure could also be a breach of confidence, especially where such breach takes place in a work environment or misuse of private information. These are additional causes of action to any cause of action under the 2018 Act.
Material damage includes any financial or pecuniary loss incurred as a result of the breach (such as loss of earnings or in fraud cases where data has been misused due to identity theft, the value of any theft etc).
Non material damage includes damages for distress and any physical or psychological or psychiatric damage sustained as a result of the data breach.
Can the Information Commissioner recover compensation on my behalf?
No. The individual must recover any compensation separately. This is normally done with the assistance of a solicitor and through the civil legal system.
What should I do if I have suffered loss as a result of a data breach?
What compensation will I receive for the data breach?
This will depend on the nature of your injuries and your financial loss. It will include:
How long do I have to make a claim?
Normally you have six years from the date of the breach to begin proceedings but do not delay – seek advice now.
Why Kearney Law?
We at Kearney Law are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with your data breach. We will ensure you recover compensation for your loss, swiftly and professionally.
For further assistance please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form
The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.
Uninsured and untraced drivers - compensation claims in Northern Ireland
Almost 7,000 uninsured drivers were stopped by the PSNI in 2021. It is likely the real number of uninsured drivers is far in excess of this. It is a criminal offence to drive an uninsured vehicle on a public road in Northern Ireland. Insurance is necessary to cover the cost of meeting damage and personal injury claims resulting from road traffic accidents and questions commonly arise where accidents occur and there is no insurance or where the driver of the vehicle cannot be identified. This blog deals with some of the questions that we are commonly asked in such situations.
What is the Motor Insurers Bureau in Northern Ireland?
The Motor Insurers' Bureau (MIB) is a non-profit organization in Northern Ireland that was established to compensate victims of road traffic accidents caused by uninsured or untraced drivers. The MIB is funded by insurance companies that are authorized to provide motor insurance in Northern Ireland, and it operates under an agreement with the Department of Environment (now the Department of Agriculture, Environment and Rural Affairs).
If you are involved in an accident with an uninsured or untraced driver in Northern Ireland, you can make a claim for compensation from the MIB. The MIB will investigate the claim and if it is satisfied that the accident was caused by an uninsured or untraced driver, it will pay compensation to the victim in accordance with the relevant legal provisions.
In 2021, the MIB in the UK handled 26000 personal injury claims, a 25% increase on the previous year.
It is important to note that the MIB is not an insurance company and does not provide motor insurance policies. Its main role is to compensate victims of road traffic accidents that are caused by uninsured or untraced drivers.
What are the relevant MIB agreements in Northern Ireland?
There are several relevant MIB agreements in Northern Ireland, which govern the operation of the Motor Insurers' Bureau in relation to compensation for victims of road traffic accidents. These agreements include:
Who can make an uninsured driver accident claim?
However passengers injured while travelling in a vehicle that they know is stolen or with a driver they know is not insured are not eligible under the scheme.
What is meant by uninsured drivers under the MIB scheme?
Under the MIB scheme, an uninsured driver is defined as someone who was driving a motor vehicle without a valid insurance policy. This can include drivers who have no insurance at all, or drivers who have insurance but their policy does not cover the vehicle they were driving at the time of the accident.
What is meant by untraced drivers under the MIB scheme?
Under the MIB scheme, an untraced driver is defined as someone who was involved in a road traffic accident and cannot be identified. This can include situations where the driver fails to stop at the scene of the accident (hit and run accidents), or where they provide false information that prevents their identification.
What are the conditions for making an application for compensation under the uninsured motorists scheme in Northern Ireland?
In Northern Ireland, there are several preconditions that must be met in order to make an application for damages under the MIB scheme:
What are the conditions for making an application for compensation under the untraced motorists scheme in Northern Ireland?
In Northern Ireland, there are several preconditions that must be met in order to make an application for damages under the untraced motorists scheme:
How long do I have to make a claim for personal injury?
Normally you have three years from the date of your injury. However:
What should I do if I have an accident?
What compensation will I receive for injuries sustained in an accident?
This will depend on the nature of your injuries and your financial loss. It will include:
A car hit me when I was cycling but did not stop and as a result I could not find out who the driver was. I sustained injuries. Can I claim compensation?
Yes. In cases where you have sustained injuries caused by the driver of a motor vehicle which does not stop or is uninsured, you may bring a claim for compensation for your injuries and other financial loss against the Motor Insurers Bureau (MIB). The MIB act as if they were the insurer of the untraced/uninsured vehicle.
Yes. You can pursue a claim for compensation against the Motor Insurers Bureau, the body set up by insurance companies to compensate victims of accidents involving uninsured or untraced vehicles. The MIB steps into the shoes of what should have been an insurer and will compensate the victim of an accident involving an e-scooter for their injuries.
Why should you instruct the Kearney Law Group?
We at the Kearney Law Group are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with your claim for personal injury arising from an accident with an uninsured or untraced motorist. We will ensure you recover compensation for your injuries, swiftly and professionally.
We only do personal injury law and are experts at it.
For further assistance please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form
The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.
Fatal accident claims arise when someone loses their life because of the negligence or wrongful act of another person or body.
What circumstances could lead to a fatal accident claim?
There are many different circumstances that can lead to fatal accident claims, and the specific details of each case will vary depending on the individual circumstances involved. Some common examples of circumstances that can lead to fatal accident claims include:
Who can bring a claim for damages when a person is fatally injured in an accident?
This is determined by the provisions in the Fatal Accidents Northern Ireland Order 1977. Under the Fatal Accidents (Northern Ireland) Order 1977, the following people are entitled to bring a claim for compensation on behalf of the deceased:
What is the time limit for a claim?
Under the Fatal Accidents (Northern Ireland) Order 1977, a claim for compensation must be brought within three years of the date of the deceased's death. This period can be extended:
What damages can be claimed in a fatal accident claim?
If you are eligible to bring a claim under the Fatal Accidents (Northern Ireland) Order 1977, you may be able to claim compensation for the following:
Will an inquest be held?
An inquest is a legal process that is conducted by a coroner to establish the cause of a person's death. In Northern Ireland, an inquest must be held if the death was sudden, violent, or unexplained. Many fatal accident claims do involve inquests and this can be an important part of the process. The inquest may provide important evidence that can be used to support the claim, such as witness statements or medical reports. The outcome of the inquest may also help to establish liability for the death of a loved one.
It is important to note that the inquest process is separate from the compensation process, and a successful claim for compensation is not dependent on the outcome of the inquest. However, the evidence gathered during the inquest can be very helpful in establishing liability and proving the case for compensation.
What should I do if I have a fatal accident claim?
You should contact a solicitor who can advise you of your rights and who has experience in handling and litigating fatal accident claims. Once instructed, your solicitor will report the death to all the relevant authorities and begin to gather all the evidence necessary to bring a successful personal injury claim. They will also help you navigate what can be a complicated legal process. You should act as quickly as you can as cases can take some years to litigate to a successful conclusion.
How can Kearney Law help?
We appreciate that no amount of money can go anywhere near putting you and your family back to the position you would have been in prior to the fatal accident. What we can do is provide as much financial and other assistance as is possible to alleviate the burden of your loss. We will do everything in our power to ensure that you and your family are compensated fully and are provided for now and into the future. We have an expert team ready to deal with your claim and we will ensure you recover compensation for your loss, swiftly and professionally.
We only do personal injury law and are experts at it.
For further assistance please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form
The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.
Accidents whilst on holiday or when working abroad can be very stressful. Not only do you have to deal with the local authorities – often in a foreign language – but you also may have to deal with foreign rules and regulations with a different administrative process than in Northern Ireland.
Accidents and illness on holidays
If you were on holiday when you sustained your injury, it is important to first establish whether you were on a package holiday at the time. If so, you will have certain legal rights in Northern Ireland against the package holiday company in addition to any legal rights you have against the hotel, airline or other body responsible for your accident.
These regulations allow you to take action in Northern Ireland for your injuries and loss rather than in the country where you sustained your injury and loss. If the package holiday regulations do not apply, then you will likely have to take action in the country where you sustained your injury and in these instances, the law of that country will apply when taking your claim.
There are time limits in making a claim under the package holiday regulations and indeed in making any claim for compensation in a foreign country and it is important therefore that you seek legal advice as soon as you think you may have a claim.
I hurt myself when I slipped on a wet floor in a hotel in Spain. My holiday was a package holiday. Who do I have a claim against?
In this scenario, as your holiday was a package holiday, you may be able to make a claim against the tour operator who sold you the package holiday, rather than the hotel in Spain. This is because under UK law, tour operators have a legal responsibility to ensure that the services they provide as part of the package holiday are of a reasonable standard and that their customers are kept safe from harm.
To make a claim, you should first report the incident to the hotel and the tour operator as soon as possible. You should also make a note of any witnesses who saw the incident, take photos of the area where you slipped and gather any medical evidence related to your injury. You should then contact your solicitor.
I got food poisoning when on a cruise. Can I take a claim?
If you suffered from food poisoning while on a cruise, you may be able to make a claim against the cruise line or if it was part of a package holiday, against the tour operator.
The cruise line has a legal duty to ensure that the food and drink provided on board is safe to consume and does not cause harm to passengers. If they have failed in this duty and as a result you suffered from food poisoning, you may be entitled to compensation.
To make a claim, you should first report the incident to the cruise line as soon as possible, ideally while still on board. You should also seek medical attention on the ship or as soon as you return to the UK, and keep any receipts or medical reports related to your treatment. You should also gather any evidence that may support your claim, such as photographs of the food or the conditions in which it was prepared or served. On return to Northern Ireland you should seek advices from your solicitor.
I was on an aircraft when a bag fell out of the overhead locker and hit me. Do I have a claim?
The airline has a duty of care to ensure the safety of their passengers, and this includes ensuring that items stored in the overhead lockers are properly secured. If they have failed in this duty and as a result you were injured by a falling bag, you may be entitled to compensation.
To make a claim, you should report the incident to the airline as soon as possible, ideally while still on board. You should also seek medical attention and keep any receipts or medical reports related to your treatment. You should also gather any evidence that may support your claim, such as the details of any witnesses or photographs of the bag and the overhead locker. You should also seek the advices of a solicitor who is experienced in claims against airlines.
I was on a package holiday when I got hurt paragliding. Do I have a claim?
As a participant in a recreational activity provided by the tour operator, they have a legal duty of care to ensure that you are provided with safe and properly maintained equipment, and that you are adequately instructed and supervised. If they have failed in this duty and as a result you were injured, you may be entitled to compensation.
To make a claim, you should report the incident to the tour operator as soon as possible, and seek medical attention for your injuries. You should also gather any evidence that may support your claim, such as photographs of the equipment or the location where the activity took place. You should also seek advices from your solicitor.
If I get hurt on a holiday that is not a package holiday, do I have a claim?
If you were injured on a holiday that is not a package holiday, you may still be able to make a claim for compensation. However, the process for making a claim may be different than for a package holiday.
If you were injured as a result of someone else's negligence, you may be able to make a claim against the responsible party. For example, if you were injured in a slip and fall accident at a hotel, you may be able to make a claim against the hotel if they were responsible for your injuries due to negligence or a breach of duty of care.
To make a claim, you should gather as much evidence as possible to support your case, including photographs of the scene of the accident and any injuries sustained, contact details of any witnesses, and any relevant medical reports. You should also report the incident to the relevant authority, such as the hotel, and seek medical attention for your injuries.
Any claim will likely have to be made in the country in which you sustained your injury and the laws that apply will be those particular to that country. You will likely have to instruct lawyers in that jurisdiction who will act on your behalf.
What can I claim for?
You can claim for:
Road traffic accidents abroad.
I had a road traffic accident abroad. What should I do?
There are a few steps you should take to ensure your safety and protect your legal rights:
Sometimes even where the accident takes place in a foreign country it is still possible to take action for recovery of damages in Northern Ireland or a UK court. However sometimes it is impossible to do this and any action has to be taken in the country in which the accident took place. We can advise you as to your options and what is the best one for you.
Accidents at work abroad.
I work for Northern Ireland company and had an accident at work whilst abroad. Who do I have a claim against?
If you are employed by a UK or Northern Ireland company, it may be possible to take action in Northern Ireland or the UK for injuries and loss sustained whilst in the course of your employment even though you were hurt in an accident at work whilst in a foreign country.
If you have sustained injury in these circumstances you should:
How can the Kearney Law Group help?
The Kearney Law Group are experienced in handling accidents abroad, whether on holiday or at work. If cases cannot be litigated successfully in Northern Ireland or the UK we have contacts with solicitors in different foreign jurisdictions who will act as agents for us in bringing cases to a successful conclusion. We have an expert team ready to deal with your claim and we will ensure you recover compensation for your loss, swiftly and professionally.
We only do personal injury law and are experts at it.
For further assistance please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form
The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.
Examples of Dental Negligence Claims
Dental negligence claims are increasing in the United Kingdom. There were 16000 such cases notified to the Compensation Recovery Unit in the last year. This blog is about the nature of such claims and how the Kearney Law Group can help in bringing one.
What is dental negligence?
Dental negligence refers to a situation where a dentist or other dental professional (dental healthcare provider) fails to provide the appropriate standard of care to their patient, resulting in harm or injury to the patient.
Who can you bring a dental negligence claim against?
What are examples of dental negligence claims?
Different types of dental negligence claims include:
Failure to diagnose or misdiagnosis: If a dentist fails to diagnose or misdiagnoses a dental condition, it can lead to serious harm to the patient e.g. delayed diagnosis of oral cancer. For example, if a dentist fails to diagnose oral cancer in a timely manner, the cancer can progress and become more difficult to treat. This can result in the need for more extensive treatment, such as surgery or chemotherapy, and can decrease the patient's chances of survival.
Delayed treatment: If a dentist fails to treat a dental condition in a timely manner, it can lead to serious harm or injury to the patient. For example:
Delayed treatment of gum disease: If a dental healthcare provider fails to treat gum disease in a timely manner, it can lead to the loss of teeth and damage to the jawbone. This can result in the need for more extensive treatment, such as dental implants or bone grafts, and can cause pain and discomfort for the patient.
Delayed treatment of tooth decay: If a dental healthcare provider fails to treat a cavity in a timely manner, it can progress and cause infection, which can result in the need for a root canal or tooth extraction. Delayed treatment can also lead to the need for more extensive treatment, such as a dental crown or bridge.
Delayed treatment of a dental abscess: If a dental healthcare provider fails to treat a dental abscess in a timely manner, it can lead to serious infection and damage to the surrounding tissue. This can result in the need for hospitalization and intravenous antibiotics.
Delayed treatment of a broken tooth: If a dental healthcare provider fails to treat a broken tooth in a timely manner, it can cause pain and discomfort for the patient. Delayed treatment can also lead to the need for more extensive treatment, such as a dental crown or root canal.
Inappropriate treatment or procedure: If a dentist performs a procedure that is unnecessary or not appropriate for the patient's condition, it can result in harm or injury. For example:
Unnecessary tooth extraction: If a dental healthcare provider extracts a tooth that could have been saved with appropriate treatment, it can cause pain and discomfort for the patient. Unnecessary tooth extraction can also lead to the need for more extensive treatment, such as dental implants or bridges.
Overfilling a cavity: If a dental healthcare provider fills a cavity with too much filling material, it can cause pain and discomfort for the patient. Overfilling a cavity can also lead to the need for more extensive treatment, such as a root canal or tooth extraction.
Inappropriate use of dental appliances: If a dental healthcare provider recommends or uses dental appliances, such as braces or retainers, that are not appropriate for the patient's needs, it can cause pain and discomfort for the patient. Inappropriate use of dental appliances can also lead to the need for more extensive treatment, such as orthodontic surgery.
Failure to diagnose and treat periodontal disease: If a dental healthcare provider fails to diagnose and treat periodontal disease in a timely manner, it can lead to the loss of teeth and damage to the jawbone. This can result in the need for more extensive treatment, such as dental implants or bone grafts.
Removal of the wrong tooth.
Failed extraction of tooth.
Fractures including fracture of jawbone.
Incorrect prescribing such as penicillin allergy.
Nerve damage: If a dentist causes nerve damage during a procedure, it can result in permanent damage and chronic pain for the patient. Examples include:
Lingual nerve damage during wisdom tooth extraction: The lingual nerve is a sensory nerve that provides feeling to the tongue and mouth. If a dental healthcare provider damages the lingual nerve during wisdom tooth extraction, it can result in numbness, tingling, or pain in the tongue, mouth, or face.
Inferior alveolar nerve damage during dental implant surgery: The inferior alveolar nerve is a sensory nerve that provides feeling to the lower teeth, gums, and jaw. If a dental healthcare provider damages the inferior alveolar nerve during dental implant surgery, it can result in numbness, tingling, or pain in the lower teeth, gums, and jaw.
Mental nerve damage during dental implant surgery: The mental nerve is a sensory nerve that provides feeling to the lower lip, chin, and gums. If a dental healthcare provider damages the mental nerve during dental implant surgery, it can result in numbness, tingling, or pain in the lower lip, chin, and gums.
Trigeminal nerve damage during any dental procedure: The trigeminal nerve is a sensory nerve that provides feeling to the face, teeth, and jaw. If a dental healthcare provider damages the trigeminal nerve during any dental procedure, it can result in numbness, tingling, or pain in the face, teeth, and jaw.
Facial nerve damage during facial injections: The facial nerve is a motor nerve that controls the muscles of the face. If a dental healthcare provider damages the facial nerve during facial injections, it can result in drooping or weakness of the facial muscles.
Nerve damage during root canal treatment.
Anaesthesia errors: If a dentist administers too much or too little anaesthesia during a procedure, it can lead to serious harm or injury to the patient. If a dentist injects an anaesthetic in the wrong place, it can result in nerve damage. Examples include:
Allergic reactions to anaesthesia: If a patient has an allergic reaction to anaesthesia, it can result in swelling, hives, and difficulty breathing. An allergic reaction can be life-threatening if not treated promptly.
Overdose of anaesthesia: If a dental healthcare provider administers too much anaesthesia, it can result in a loss of consciousness, respiratory failure, or cardiac arrest. Overdose of anaesthesia can lead to brain damage or death.
Underdose of anaesthesia: If a dental healthcare provider administers too little anaesthesia, it can result in the patient feeling pain during the dental procedure. Underdose of anaesthesia can also result in the patient being awake during the procedure, which can be traumatic.
Failure to monitor the patient: If a dental healthcare provider fails to monitor a patient's response to anaesthesia during a dental procedure, it can lead to serious harm.
Failure to monitor can result in overdose or underdose of anaesthesia, which can be life-threatening.
Delay in recognizing complications: If a dental healthcare provider fails to recognize and treat complications from anaesthesia, it can lead to serious harm. Complications can include respiratory distress, cardiac arrest, or brain damage.
Failure to obtain informed consent: If a dentist fails to obtain informed consent from a patient before performing a procedure, it can lead to legal claims of dental negligence. Informed consent means that the patient understands the risks, benefits, and alternatives to the procedure and agrees to it. Examples include:
Performing a procedure without the patient's consent: If a dental healthcare provider performs a procedure without the patient's consent, it can be considered dental malpractice. For example, if a patient goes to the dentist for a routine cleaning and the dentist decides to perform an unnecessary procedure without obtaining the patient's consent, it can be considered a failure to obtain informed consent.
Failing to fully inform the patient of the risks and benefits of a procedure: If a dental healthcare provider fails to fully inform the patient of the risks and benefits of a procedure, it can be considered a failure to obtain informed consent. For example, if a dentist recommends a dental implant but fails to fully inform the patient of the potential risks and complications of the procedure, it can be considered a failure to obtain informed consent.
Failing to inform the patient of alternative treatment options: If a dental healthcare provider fails to inform the patient of alternative treatment options, it can be considered a failure to obtain informed consent. For example, if a patient needs a tooth extraction and the dentist recommends an expensive dental implant without discussing alternative options such as a bridge or partial denture, it can be considered a failure to obtain informed consent.
Failing to inform the patient of the cost of the procedure: If a dental healthcare provider fails to inform the patient of the cost of a procedure, it can be considered a failure to obtain informed consent. For example, if a dentist recommends an expensive procedure without fully informing the patient of the cost and the patient cannot afford it, it can be considered a failure to obtain informed consent.
In a retrospective review undertaken of all clinical negligence claims in England held by NHS Resolution relating to hospital dentistry between April 2015 and April 2020, it was found that 'failure/delay in treatment', 'inappropriate treatment' and 'failure to warn/gain informed consent' were the most common cause of litigation claims in hospital dentistry and the most cited injuries in litigation claims were dental damage, unnecessary pain and nerve injury.
What should I do if I think I have a claim for dental negligence?
You should see your solicitor. They will take instructions from you about the circumstances of your treatment. They will then obtain all your relevant dental and medical notes and records to ascertain precisely what treatment you were given. After going through the records and ensuring their accuracy, they will instruct an expert dental physician with the relevant expertise to determine if the treatment given to you was negligent. If the expert finds that the treatment given was below the standard you were entitled to expect they will advise you accordingly and you can begin an action for compensation against the dental healthcare provider who was responsible for your medical care.
How long do I have to make a claim?
Normally in personal injury law (but see below for dental negligence matters), you have:
In dental negligence cases, the time limit (what lawyers call the “limitation period”) of three years will normally start either from the date of the act of negligence or from the date the patient knew or ought to have known that the injury or harm was due to an act of negligence. The date of knowledge can be years after the negligent act, for instance, if an operation was performed negligently and a patient was unaware of this, it may be years before the patient’s symptoms progress such as to necessitate dental attention. In such circumstances the patient could not have known that the original operation was performed negligently until the symptoms appeared and the time limit will therefore only run from the date of knowledge of such negligence – not when the operation was originally performed, which could be many years after the date of the original negligent act.
Time limits in dental negligence matters can be complicated and you should seek legal advice immediately if you think you have a claim. Do not delay.
How is my compensation assessed?
We divide compensation into a number of headings:
How long will my case take?
Dental negligence cases are complex with a high level of legal expertise required. Expert reports from dental experts are necessary and depending on the nature and severity of the injury, rehabilitative/care consultants and accountants may be instructed and such reports can take some time to prepare. Straightforward cases may be settled within a year. More complex cases will normally take 2-4 years to conclude.
Will my case to go to court?
The vast majority of cases that have a reasonable prospect of success are settled and do not go to hearing. This is the case even where court proceedings have been commenced.
How can the Kearney Law Group help?
We appreciate that no amount of money can put you back to the position you would have been in prior to the substandard dental care. What we can do is provide as much financial and other assistance as is possible to alleviate the burden of your loss. We will ensure that you get the help you need now and into the future. Compensation will ensure you receive the best possible dental treatment, rehabilitation and care, both in the short and long term.
We are passionate about our work. We are easy to talk to and will keep you fully informed about the progress of your case. We are tech savvy and use software platforms to ensure your case is dealt with expeditiously and professionally. We are very experienced and have a team ready to deal with all aspects of your claim for dental negligence.
We only do personal injury law and are experts at it.
For further assistance please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form
The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.
Kearney Law Group specialises in legal services relating to Personal Injury and Clinical Negligence. We are committed to achieving the best results for our clients.
Contact us today to arrange your FREE initial consultation relating to any of the above matters.
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