Accident at Work, October 2008

Question: I am a carpenter and recently suffered serious injuries in an accident at work when I was using a hand saw. My employer has told me that he is not going to pay me while I am off sick and he also said that he doesn’t consider that he is responsible in any way for the accident. I know that the Personal Injuries Assessment Board deals with injury claims but I am not aware of what procedure is involved and I am anxious to ensure that I am properly compensated for the injuries sustained by me and recover my loss of earnings.

What steps should be taken now by me to protect my position?

Answer: As from 22nd July 2004 the personal injuries assessment board act is fully in operation. This established the Personal Injuries Assessment Board which is now called the Injuries board. ie. The act applies to most categories of civil actions intended to be pursued for the purpose of recovering damages in respect of a wrong for:-

personal injuries;
both such injuries and damage to property.

This means that all actions except those which were specifically excluded on the application of the PIAB act must be referred to the injuries board in the first instance.

In reality the injuries board only deals with cases where liability is admitted. The first steps to be taken are

a form has to be completed and submitted to the Injuries Board with a medical report and a cheque for € 50.00 with detailed particulars of how the accident occurred.
You must set out the injuries sustained and it must be stated on the form who you are claiming is responsible for the injuries sustained.
When the application is lodged and registered with the Injuries Board they will then write to the proposed wrongdoers and ask them to confirm whether they consent to the injuries board making an assessment of damages in the case or not.
Sometimes this can take a considerable period of time and it is essential that any evidence relating to the accident is retained immediately as it is open to the proposed Defendants to dispute liability at a later stage.
In practice what this means is that if certain equipment was being used by a claimant at the time of the accident, then this equipment would not be interfered with by the Defendants pending the determination of the claim. As there are technical requirements seeking undertakings from respondents regarding preservation of evidence it is essential that legal advice is obtained immediately following the accident as your Solicitor will have to write a detailed letter to the proposed respondent asking them to furnish undertakings about the preservation of evidence.
If these undertakings aren’t given then your Solicitor can make an application to the High Court for what is called a Preservation Order. If this Order is not secured the scenes of accidents can be changed, equipment mislaid or even destroyed and this will have a prejudicial effect on a claimant proving negligence a number of years after an accident.
The Injuries Board makes awards based on a book of quantum which sets out different monetary awards for different categories of injuries. The Injuries Board is a paper based system and therefore it’s crucial that concise and accurate medical reports are obtained and that you approve the reports before they are submitted to the Injuries Board. It is also very important that receipts are kept for all out of pocket expenses incurred as a result of the accident to include particulars of loss of earnings.
If your GP certifies you as unfit to work as a result of the accident then you will be entitled to the full payment of your loss of earnings from the date of the accident up to the date of the trial. There may also be an entitlement to claim future loss of earnings if the injuries preclude you from working in the future or in a limited capacity. Your employer is under no legal obligation to pay you while you are off work even though you suffered an injury while you were at work unless your contract of employment specifically provides for sick pay.

If the Injuries Board go on to make an award and it is acceptable then the award becomes payable by the respondents to the claimant less appropriate fees and legal costs. If after having taken advice the award is considered too low then it can be rejected by either the claimant of the respondent. If this happens the Injuries Board release the file and issue an authorisation and proceedings are then issued in either District Court, Circuit Court of High Court.

It is very important before award is accepted or rejected that legal advice is obtained because if an award is rejected and the Court subsequently awards a lower sum to you, you will ultimately have to pay the respondent’s costs. It would be very unwise to make any application yourself to the injuries board without first of all taking appropriate legal advice particularly in the cases of accidents where liability will be disputed.