Bringing a Factory Accident Claim Against Your Employer
Factory accidents and accidents at work involving meat processing equipment are relatively common which is perhaps unsurprising given the nature of the risks that are associated with the activities involved.
Many accidents in meat factories result from handling excessive weight, i.e. having to carry carcasses that are too heavy for one individual to carry on their own.
In some cases employees are provided with gauntlets but find that it is not realistically possible for them to work as quickly are they are expected to by their employer while wearing these protective garments, resulting in hand injuries from knives and other cutting implements.
Many employees working in the meat processing industry are foreign nationals whose first language is not English. As a result, there can often be language issues, where employees have ostensibly been trained in a certain area of health and safety but haven’t properly understood what was involved or expected of them, or how they were being told to carry out their duties correctly and safely.
Unrealistic Productivity Targets
More generally, one tends to find that employees are often trained, or shown an ideal way of doing things, but then expected to work at such a speed that it’s not possible to work in the way that they have been trained if they are going to meet the targets that are imposed on them. In those circumstances, people are naturally inclined to cut corners and try to do whatever is necessary to work as quickly as they believe they need to. This is often seen by management but isn’t stopped because they realise that it’s going to affect productivity.
Accordingly, one has to look at the work environment in its overall context, particularly if management is alleging contributory negligence in the event of a claim. It may well be the case that paperwork was in order and training was provided, but that in the actual day-to-day management of the site safety was overlooked, corners were cut, and best practice was deviated from.
Take a look at the Health & Safety Authority PDF – Guidance on the Safety, Health and Welfare at Work (Reporting of Accidents and Dangerous Occurrences). It contains useful information regarding the reporting requirements of employers.
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Your Employer’s Duty of Care
Employers have a legal responsibility to ensure that their employees are able to carry out their duties safely. The following are some of the areas where employers must provide a duty of care.
- Regular maintenance of machinery and work tools to ensure they are in safe working order.
- The provision of training for the job and the machinery used in the duties of the job.
- The provision of safety clothing and gear such as high visibility jackets and safety goggles.
- Ensuring that the factory floor is kept clear of tripping hazards.
- Ensuring that regular risk assessments are carried out and reasonable steps have been taken to prevent any accidents from occuring.
If you have worked in a food or product processing environment where one or more of these issues has been overlooked, you may be eligible to bring a factory accident claim against your employer.
Factory Accidents Claims Specialists
If you, or a family member, has sustained an injury whilst working in a factory environment, and you believe the accident was avoidable, get in contact with our personal injury solicitors today to make a start on your claim or gather more information. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on info@mccarthy.ie and we will get back to you as soon as we can.
About McCarthy + Co
With more than 30 years of experience in dealing with personal injury claims, McCarthy + Co. has expertise in a wide variety of fields including factory accident compensation cases. We are a family-run business, and we pride ourselves on offering honest, impartial and helpful advice.
Our offices are based in Dublin and Cork but we work with clients throughout Ireland in locations ranging from Galway to Waterford. If you have suffered an injury in a factory environment, we can provide expert guidance and advice regarding the handling of your personal injury claim.
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Flor McCarthy
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Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.
Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy
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John McCarthy is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.
John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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