u/FormalObligation4265

Hi all, just to note this post was written with the help of AI to make sure everything is explained clearly and in the right order.
I’m looking for some advice on a workplace injury I recently had.
I work as a healthcare assistant in a nursing home in Dublin. I was injured during a resident transfer and I’m trying to understand where I stand legally.
The situation:
I was assisting a resident to the toilet with another staff member (so 2 of us in total)
We initially used what’s called a standing hoist to get her onto the toilet. This is a machine that supports a resident in a standing position while they still have some ability to support themselves
While on the toilet:
The resident became unwell, said she felt like vomiting, went pale and weak
At that point:
I recognised something was wrong and went to get the nurse
The nurse came, assessed the resident and took her blood pressure
The nurse recorded a blood pressure of approximately 80/40 (normal resting is around 120/80)
Following this:
I stated that I was not comfortable continuing to use the standing hoist given the resident’s condition
I then contacted physiotherapy for assistance and clearly stated I was not comfortable proceeding
I was advised by physio to use a full body hoist instead (this is a different machine that fully lifts a person in a sling when they cannot safely support themselves at all).
The nurse, who was the senior staff member present, advised that myself and the other healthcare assistant should proceed using the full body hoist
The nurse did not remain in the bathroom to assist with the transfer and instead remained outside supervising residents in the activity room
(For context, physios in nursing homes are typically responsible for advising on and assisting with hoist use in higher-risk situations)
At the same time:
We were also responsible for supervising a large activity room with around 20–30 residents
We then had to proceed with the full hoist ourselves.
During the process:
I was kneeling in a small bathroom trying to remove the sling
I hit my arm off a cabinet, reacted suddenly, twisted my knee and felt/heard a pop
I couldn’t bear weight afterwards and had to go to A&E
I was diagnosed with minor ligament damage
Other important details:
I raised safety concerns before proceeding with the transfer
The transfer was done with two staff members
This specific situation (toileting residents after lunch in that area) has been raised by multiple staff before as stressful and unsafe in meetings with management
My employer submitted a report to the Health and Safety Authority before taking my statement
I’ve now submitted my own written account and involved my union
HR have offered:
Statutory sick leave (2 days remaining)
A discretionary payment (12 hours)
Reimbursement of hospital fees
My questions:
Do I potentially have grounds for a personal injury claim?
Does the fact I raised concerns beforehand strengthen my case?
Is it an issue that the report was submitted without my version initially?
Is it worth speaking to a solicitor in this situation?
Not looking to jump into anything, just trying to understand my position properly.

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u/FormalObligation4265 — 14 days ago