Bringing a Healthcare Worker Injury Claim
Over more than 30 years, McCarthy + Co Solicitors LLP has acted for a great many nurses, healthcare assistants, care staff, and other hospital and nursing home employees, so we understand the realities of the sector, from chronic staff shortages to the pressures faced on a busy ward. Our personal injury department is led by Liam Crowley, a partner with the firm who has spent almost 20 years in litigation and who acts for injured plaintiffs before the Circuit and High Courts.
Employers in the healthcare sector, whether public or private, have a duty under the Safety, Health and Welfare at Work Act 2005 to provide a safe place and system of work, as well as a common law duty of care. Manual patient handling is inherently hazardous, and it is the single biggest cause of musculoskeletal injury among nursing and care staff. You may have grounds for a claim where your employer has failed to:
- provide enough lifting aids, such as hoists, slings, and walking belts, for the number of patients being cared for;
- maintain safe staffing levels, or provide adequately trained colleagues to assist you;
- give proper training in patient handling techniques, including team lifting;
- carry out suitable risk assessments and act on what they find;
- maintain safe premises and equipment, including floors, beds, and hoists;
- protect staff from foreseeable violence and aggression; and
- respond to concerns that were raised about unsafe practices or resources.
Every ward, unit, and incident is different, so the best first step is to talk to us about what happened. Arrange a time to speak with a solicitor by completing our quick and confidential online form.
Areas we cover
We advise healthcare workers who have experienced:
- Injuries caused by handling patients – For staff injured while lifting, turning, or transferring patients.
- Repetitive stress injuries – For staff who have developed an RSI through the demands of their work.
- Sharps injuries – For staff who have sustained a needlestick or other sharps injury.
- Slips, trips, and falls – For staff injured after a slip, trip, or fall at work.
- Assaults on healthcare workers – For staff who have been subjected to violence in the workplace.
- Sleep deprivation and fatigue – For staff injured following sleep deprivation or fatigue.
If you have experienced one of these or a related issue, we may be able to assist you in bringing a compensation claim.
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Meet Liam Crowley
Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.
Liam has acted for many nurses and care workers whose injuries threatened the careers they had built, and he knows how these claims are defended and what evidence makes the difference. If you have been injured working in healthcare and would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.
Frequently Asked Questions
Questions we are often asked by nurses, carers, and healthcare workers.
Are these injuries just part of the job?
No. The fact that a risk is well known does not mean you must simply accept the consequences of it. Where your employer failed to provide safe staffing levels, trained colleagues, or enough lifting equipment, they have breached both their common law duty of care and their statutory health and safety obligations. A known hazard is a reason for an employer to manage the risk, not a reason for you to bear it.
What should my employer be doing to protect me?
A responsible employer manages the risk actively rather than relying on training alone. That means providing assistive equipment such as hoists, slings, and walking belts, in sufficient numbers for the patients being cared for, and making sure each device is suitable and stable for the task. It also means proper training, including team lifting methods, adequate staffing, and regular risk assessment. Training in body mechanics on its own is widely accepted as insufficient.
My employer provided training and equipment. Does that end my claim?
Not necessarily. Anyone working in healthcare knows that best practice cannot always be followed when a ward is short-staffed or when there are not enough hoists to go round. Staff are regularly left to lift with the help of untrained colleagues, or to take shortcuts so that patients do not suffer. If your employer says your injury was down to your own technique, that is not the end of the matter, and it is worth having the circumstances investigated properly.
My employer says I am to blame. Can I still claim?
Very possibly. Being told you should have called a colleague, used a different technique, or fetched equipment is one of the most predictable responses to a reported injury. Even if you do bear some responsibility for what happened, that does not defeat your claim, though any award may be reduced to reflect it. If your employer has denied liability, it is worth taking advice promptly.
How long do I have to bring a claim?
Where a single incident caused your injury, such as catching a falling patient, you generally have two years from the date it happened. Cumulative injuries are less straightforward, because a nagging ache can take months or years to become a serious problem. In those cases, the two years run from when your injury became significant, which has no fixed statutory definition and depends on your circumstances. If you miss the deadline, your claim becomes statute-barred and your entitlement to compensation is lost entirely, so it is important to take advice early.
What should I do if I am thinking of making a claim?
A few practical steps help considerably. See your doctor, so your injury is assessed and recorded. Report the injury and make sure the record is accurate. Where possible, photograph your workplace and any equipment involved, and note how many lifting devices were actually available at the time, as this can change noticeably once a claim is made. Ask colleagues who were present to write down what they remember while it is fresh. Where an injury keeps you from your normal work for more than three consecutive days, your employer must report it to the Health and Safety Authority.
Who has to prove what?
If your employer denies responsibility, the burden of proof rests with you as the employee, which is why evidence gathered early matters so much. Most claims are first submitted to the Injuries Resolution Board, which assesses compensation on the basis of medical and other evidence. We can take on the investigation and the process for you.
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Useful Resources
Some links that you may find useful:
- Health and Safety Authority – Guidance on Safety with Patient Hoists and Slings
- INMO – Irish Nurses and Midwives Organisation
- McCarthy + Co – Work-Related Accidents Guide
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