When John Flood, a 66-year-old contractor, fell to his death in 2019 after working on an unsafe makeshift platform, it served as a stark reminder of the dangers still prevalent in Irish workplaces. His tragic accident brought to light the importance of adhering to safety regulations and understanding employees’ rights in the workplace.
Whether you’re a construction worker, safety officer, or someone seeking justice for workplace injuries, it’s crucial to understand how such incidents can be avoided and how to respond in the aftermath of an accident.
The Case of John Flood – A Cautionary Tale
Flood was hired to repair roof gutters at Frank Dooley Timber Products in Co. Kildare. He fell approximately four metres from an improvised platform, which was improperly adjusted using a forklift that didn’t meet safety requirements. The investigation revealed no safety equipment was provided, and the platform itself was “very poorly constructed.” Unfortunately, the handrail—critical for preventing such accidents—was improperly secured.
The aftermath of this tragedy led to the prosecution of the business owner and operations manager for breaching health and safety laws. Authorities concluded that had appropriate safety protocols been in place, such as certified equipment and protective gear, this preventable fatality could have been avoided.
This incident highlights critical issues about employer responsibility, hazard prevention, and workers’ rights, particularly when it comes to workplace accidents.
Understanding Workplace Safety – Your Employer’s Responsibilities
Employers have a legal duty of care to ensure their staff can work in a safe environment. This responsibility is enshrined in Ireland’s Safety, Health and Welfare at Work Act, 2005. Here’s what employers are legally obliged to do:
- Provide safe systems of work – Ensure tasks are planned with sufficient consideration for risks.
- Maintain equipment – Regularly inspect and certify tools, machinery, and workstations.
- Provide protective gear – Make sure workers have access to helmets, harnesses, gloves, and other equipment necessary for their safety.
- Conduct regular training – Employees should be trained in safe practices and emergency procedures.
- Assess and mitigate risks – Regular risk assessments identify potential hazards, such as unsecure platforms or faulty machinery.
Workers’ Rights in the Event of a Workplace Accident
If a workplace accident occurs, it’s essential for employees to understand their rights. From accessing medical care to filing for compensation, here are the steps you should follow:
1. Seek Immediate Medical Attention
Regardless of the severity of the injury, prioritise your health. Even minor injuries can worsen over time. Attending a hospital or GP can provide you with important medical records that may be needed later.
2. Report the Incident
It is your employer’s responsibility to record workplace accidents. Ensure you notify your supervisor or manager immediately, and complete an Accident Report Form. Failure to report could complicate any future claims.
3. Document the Scene
Document as much as possible about the accident, including:
- Photos of the hazard
- Witness statements and contact details
- Any CCTV footage that exists
4. Consult a Workplace Injury Solicitor
If employer negligence is suspected, consult a solicitor experienced in workplace accident claims. A legal professional will help you gather evidence, submit your claim to the Personal Injuries Resolution Board (PIRB), and advise you about fair compensation.
How to File a Workplace Injury Claim
If you’ve experienced an accident due to unsafe systems of work or employer negligence, you may be entitled to pursue a claim. Here’s an overview of what to expect:
- Evidence Collection – A solicitor will help gather proof, including photos, medical reports, witness statements and accident logs.
- Submit Claim to PIRB – The solicitor manages your application to the PIRB for case assessment. The PIRB proposes a settlement figure, but if neither party agrees, the claim moves to court proceedings.
- Negotiation or Court – While most cases settle outside of court, your solicitor will represent you during any negotiations or court appearances.
Compensation Categories
You may be entitled to two types of damages in a workplace accident claim:
- General Damages – Compensation for pain, suffering, or diminished quality of life.
- Special Damages – Reimbursement for tangible losses such as unpaid sick days, medical bills, or transport costs.
Preventing Future Tragedies – A Call to Action for Workers and Employers
The story of John Flood is a harsh reminder that safety should never be an afterthought. Employers must adhere to health and safety regulations vigilantly, while workers need to be proactive about understanding their rights and what to do if those rights are violated.
Key Takeaways for Employers:
- Ensure regular and comprehensive risk assessments take place.
- Invest in proper equipment and maintain it diligently.
- Provide robust training and protective gear.
For Workers and Safety Professionals:
- Always report hazards or unsafe work practices.
- Never compromise your safety to meet deadlines or targets.
- Be informed and assert your rights when injured.
Need Legal Advice About a Workplace Accident?
If you’ve been injured on the job or know someone affected by a preventable workplace tragedy, legal guidance could make all the difference. At HOMS Assist, we specialise in workplace injury cases, helping victims and their families secure the compensation they deserve. With over 50 years of experience, our team has helped numerous individuals reclaim their rights and find closure.
Contact HOMS Assist today for professional advice.
Together, we can make workplaces safer and bring justice to those who’ve suffered unnecessarily.
