Common Causes of Injury at Work and the Employer Duties They Engage
The accidents that give rise to claims and the employer duties they engage Introduction Workplace injuries take many forms, from the sudden and visible, a fall from height or a crush injury from machinery, to the gradual and hidden, hearing loss from prolonged noise or a lung disease that emerges decades after exposure. What they
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Unreported Workplace Injuries – When the Employer Will Not Record the Accident
What to do when an employer will not record or report an accident Introduction An injured employee who discovers that the employer has not recorded the accident, or has refused to report it to the Health and Safety Authority, often assumes that the claim is lost and that pressing the point will cost them their
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The Section 8 Letter of Claim – The One Month Deadline Explained
What an injured person must do within a month of an accident Introduction The earliest legal deadline in a personal injury claim is not the two-year limitation period but the requirement, under section 8 of the Civil Liability and Courts Act 2004, to serve written notice of the claim on the person responsible within one
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The Balance of Probabilities – How a Personal Injury Claim is Proved
How a personal injury claim is proved, and how it differs from a criminal case Introduction A personal injury claim is a civil action. It is brought by the injured person, not the State; its purpose is compensation, not punishment; and it is decided on the balance of probabilities, not beyond reasonable doubt. Those differences
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Slip Trip and Fall Claims – What an Injured Person Needs to Prove
What an injured person needs to prove, and how Introduction Falls are among the most common causes of personal injury and among the most contested claims. A wet supermarket floor, a broken footpath, a loose stair carpet or a trailing cable can cause a serious injury, but the fact of the fall does not establish
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Norwich Pharmacal Orders – Identifying an Unknown Wrongdoer
Identifying an unknown wrongdoer through the irish courts Introduction A claim cannot be brought against a person whose identity is unknown. An injured person struck by an untraced vehicle, harmed by a product whose supplier cannot be identified, or defamed by an anonymous online account may know that a wrong has been done but not
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Mediation – Resolving a Personal Injury Claim Without Going to Court
The mediation act 2017, the injuries resolution board service and court-directed mediation Introduction The great majority of personal injury claims settle. Most settle by negotiation between solicitors and insurers, often on the steps of the court. Mediation offers a structured alternative in which an independent mediator helps the parties reach agreement, in private, at a
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Making a Workplace Accident Claim – A Guide for Injured Employees
A guide for employees injured at work Introduction An accident at work engages a distinct set of rights and obligations. The employer owes statutory duties of safety, must record and in some cases report the accident, and is prohibited from penalising an employee who pursues a claim. The employee may be entitled to State benefits
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Injured and Off Work – Sick Pay Benefits and Compensation
The layers of financial support available to an injured person in ireland Introduction An injury that prevents a person from working creates an immediate financial problem long before any claim for compensation can be resolved. Ireland provides several layers of support during that period: statutory and contractual sick pay from the employer, State benefits specific
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How to Make a Personal Injury Claim in Ireland
A guide to the process from accident to resolution Introduction A personal injury claim is a claim for compensation by a person who has been injured through the fault of another. It may arise from an accident at work, on the road, in a public place or in a shop, from a defective product, or
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