Hello World!

The Invisible Wounds & Hidden Costs of Personal Injury

When we think of personal injury, images of physical wounds and medical treatments instantly come to mind. Yet, hidden beneath the surface, the psychological impact lingers, often going unnoticed and untreated. These psychological effects, coupled with hidden financial costs, can create a vortex of stress and uncertainty for victims. 

At Martin A. Harvey & Co., we recognise the magnitude of these challenges and the necessity of addressing them head-on. This comprehensive exploration sheds light on the psychological aftermath and the less obvious financial implications of personal injuries, advocating for a recovery process that acknowledges the full extent of a victim’s experience.

The Hidden Costs of Personal Injuries:

Understanding the Psychological Aftermath:

After a personal injury, the journey to recovery extends beyond physical healing. Victims often experience various psychological responses, including anxiety, depression, post-traumatic stress disorder (PTSD) as well as a profound sense of loss. These emotional responses can disrupt daily life, relationships, and the ability to work, casting long shadows over the recovery process.

Recognising the Signs:

Identifying the psychological effects of personal injury can be difficult as they often manifest subtly and gradually. Symptoms can include persistent sadness, changes in sleep patterns, irritability, withdrawal from social interactions and a loss of interest in previously enjoyed activities. Recognising these signs early is crucial for seeking appropriate care and support.

Navigating the Financial Quagmire:

Beyond the psychological toll, personal injuries unleash a cascade of hidden financial burdens on victims and their families. Medical bills, including hospital costs, for physical and psychological treatment can accumulate rapidly, compounded by the loss of income if the individual is unable to work. The cost of rehabilitation, potential home modifications for severe injuries, and long-term therapy or counselling can strain personal finances to the breaking point.

The Impact on Daily Life:

The psychological toll of personal injury can impact every corner of a victim’s life. It can transform routine tasks into daunting challenges, strain personal relationships and hinder professional ambitions. Moreover, the financial burden of seeking psychological support can add to the stress, creating a cycle that’s hard to break without proper assistance.

The Broader Economic Impact:

The financial strain of personal injury extends beyond immediate costs. Victims may face reduced earning potential, career setbacks or even job loss. Furthermore, the pursuit of mental health support and rehabilitation often necessitates substantial costs, not all of which is covered by insurance or compensation packages. The economic ripple effects can impact a victim’s quality of life for years after the injury occurs.

Navigating the Path to Recovery:

Recovery from the psychological impact of personal injury is a journey, one that requires patience, support, and professional guidance. At Martin A. Harvey & Co., we advocate for a holistic approach to personal injury claims, including compensation for psychological and physical rehabilitation. Access to psychological services, counselling, and therapy should be considered a right, not a luxury, for personal injury victims.

Advocating for Comprehensive Compensation:

Acknowledging and quantifying the psychological and financial ramifications of personal injuries is crucial in advocating for fair compensation. At Martin A. Harvey & Co., we work tirelessly to ensure that our clients’ claims encompass the full scope of their losses — both seen and unseen. Comprehensive compensation is not merely a legal victory; it’s a cornerstone of true recovery, providing the means for victims to access necessary treatments, support their families, and rebuild their lives with dignity.

Why Recognition and Compensation Matter:

Recognising and compensating for the psychological impact of personal injuries are not just legal matters; they are acknowledgements of the full extent of a person’s suffering. Adequate compensation ensures that victims can access the care and support they need to truly recover, helping them rebuild their lives with dignity and hope.


At Martin A. Harvey & Co., we understand that the wounds you can’t see are often the ones that cut the deepest. That’s why we’re committed to shining a light on the psychological impact of personal injury, advocating for comprehensive recognition and compensation for our clients. If you or a loved one are struggling with the hidden costs of a personal injury, remember, you’re not alone.

Our team is here to guide you through the complexities of your claim, ensuring that every aspect of your suffering is acknowledged and addressed. Let’s work together towards a future where the invisible wounds of personal injury are no longer overlooked, but fully healed.

What to Do Immediately After a Workplace Accident: A Comprehensive Guide

Workplace accidents can happen in any industry, and when they do, it’s essential to know what steps to take to protect yourself and your rights. At Martin A. Harvey & Co. solicitors, we understand the importance of acting swiftly and decisively after an accident occurs. In this blog post, we’ll discuss the top causes of workplace accidents and provide a comprehensive guide on what to do immediately after
experiencing one.

Top Causes of Workplace Accidents:
1. Slips, Trips, and Falls: These accidents are among the most common in the workplace and can occur due to wet floors, uneven surfaces, or cluttered walkways.
2. Machinery Accidents: Improper use or maintenance of machinery can lead to serious injuries, including crush injuries and amputations.
3. Overexertion: Lifting heavy objects or performing repetitive tasks can result in strains, sprains, and other musculoskeletal injuries.
4. Falls from Height: Working at elevated heights without proper safety measures in place can lead to devastating falls.
5. Vehicle Accidents: Employees who operate company vehicles are at risk of accidents both on and off the road.

You can read more about the top causes of workplace accidents here according to the HSA.

What to Do Immediately After a Workplace Accident:
1. Seek Medical Attention: Your health and safety should always be the top priority. If you’re injured in a workplace accident, seek medical attention immediately, even if your injuries seem minor.
2. Report the Accident: Notify your supervisor or employer about the accident as soon as possible. Be sure to provide detailed information about what happened and the extent of your injuries.
3. Preserve Evidence: If possible, take photographs of the accident scene and any visible injuries. Collect contact information from any witnesses who saw the accident occur.
4. Follow Doctor’s Orders: Adhere to the treatment plan prescribed by your healthcare provider. Failure to follow medical advice could jeopardise your recovery and any potential compensation claims.
5. Document Everything: Keep detailed records of your medical treatment, including doctor’s appointments, prescriptions, and any out-of-pocket expenses incurred as a result of the accident.
6. Consult with an Attorney: It’s important to seek legal guidance following a workplace accident, especially if your injuries are severe. An experienced personal injury attorney can help you understand your rights and navigate the claims process.
7. Know Your Rights: Familiarise yourself with your rights as an injured worker, including your entitlement to compensation for medical expenses, lost wages, and pain and suffering.

Workplace accidents can have serious consequences, but knowing what to do in the immediate aftermath can make all the difference. By following the steps outlined in this guide and seeking legal assistance when needed, you can protect your rights and ensure you receive the compensation you’re entitled to. Remember, you don’t have to navigate the aftermath of a workplace accident alone. We’re here to help.

If you’ve been injured in a workplace accident, don’t wait to seek legal help. Contact Martin A. Harvey & Co. solicitors today. Our team of experienced personal injury lawyers is here to help you get the compensation you deserve.

Medical Negligence in Ireland: Recognising Potential Cases and Seeking Legal Help

While we trust medical professionals with our health and well-being, unfortunately, sometimes mistakes happen. These mistakes can sometimes constitute medical negligence, leaving you with physical, emotional, and financial burdens.

Martin A. Harvey & Associates understands the sensitive nature of these situations and wants to empower you with information to recognise potential medical negligence and guide you towards seeking legal help if necessary.

What is Medical Negligence?

In Ireland, medical negligence occurs when a medical professional, through breach of duty of care, causes you harm. This breach could be:

  • Misdiagnosis or delayed diagnosis: Failing to correctly identify an illness, leading to delayed treatment and complications.
  • Surgical errors: Mistakes during surgery causing injury or complications.
  • Medication errors: Prescribing the wrong medication, dosage, or failing to consider allergies.
  • Failure to inform: Omitting information about risks or treatment alternatives, affects your ability to make informed choices.

Recognising Potential Cases:

Red flags that might indicate medical negligence include:

  • Unexpected outcomes: Experiencing complications or worsening symptoms after treatment.
  • Departures from standard practices: Questionable procedures or a lack of communication about treatment options.
  • Unsatisfactory explanations: Feeling dismissed or having concerns brushed aside by medical professionals.
  • Significant deterioration in health: A decline in health beyond the expected course of the illness.
  • Mounting medical bills: Unexpected or excessive charges due to complications or errors.

Seeking Legal Help:

If you suspect medical negligence, consult a legal professional specialising in personal injury law. We at Martin A. Harvey & Associates offer:

  • Free initial consultations: Discuss your case and understand your options without pressure.
  • Expert assessment: Evaluate the potential for a medical negligence claim based on facts and evidence.
  • Representation throughout the process: Guide you through legal complexities and advocate for your rights.
  • No win, no fee: You pay only if we secure compensation for your case.


  • Time is of the essence: There is a two-year time limit to commence legal proceedings in Ireland for medical negligence claims.
  • Seek expert advice: Consulting a qualified personal injury lawyer ensures your rights are protected and your case is presented effectively.
  • Don’t suffer in silence: You deserve compensation for the harm caused by medical negligence.

Contact Martin A. Harvey & Associates today for a free consultation. We are here to listen, guide, and fight for your rights.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Please consult with a qualified legal professional for personalised guidance on your specific situation.

Martin A. Harvey & Associates is here to support you through this challenging experience. Contact us today to schedule a consultation.


+353-(0)21-4963400 / 4271006

Navigating the Path to Compensation: A Guide to Public Liability Claims

Public liability claims in Ireland are a common occurrence, arising from accidents that occur on premises owned or controlled by another party. The risk of these increases during the harsh winter months as slips, trips and falls on ice are more likely. 

Public liability claims can involve a wide range of injuries, from minor bumps and bruises to more serious physical and psychological trauma. If you have been injured in a public place due to the negligence of another party, you must understand the process of making a public liability claim. In this blog post, we discuss what public liability is, the criteria required to make a claim, the PIRB and the claims process.

What is Public Liability?

Public liability refers to the legal responsibility that an individual or organisation has to ensure the safety of others on or in their premises or while under their control. This duty of care extends to maintaining safe premises, providing adequate supervision, and taking reasonable steps to prevent foreseeable harm. When this duty of care is breached, and an individual suffers an injury as a result, they may have grounds for a public liability claim.

Key Elements of a Public Liability Claim

To establish a valid public liability claim, you must demonstrate the following elements:

  1. Duty of Care: The defendant owed you a duty of care to ensure your safety.
  2. Breach of Duty: The defendant breached this duty of care by failing to take reasonable steps to prevent foreseeable harm.
  3. Causation: Your injury was directly caused by the defendant’s breach of duty.
  4. Damage: You suffered a compensable injury as a result of the accident.

Initiating Your Public Liability Claim

The first step in pursuing a public liability claim is to seek medical attention promptly to assess your injuries and document your condition. Once you have received treatment, it is essential to gather evidence to support your claim. This may include:

  1. Photographs or videos of the accident scene and any injuries sustained,
  2. Medical records and bills,
  3. Witness statements from individuals who witnessed the accident,
  4. Any documentation related to the premises or activity that led to the accident.

The Role of the Personal Injuries Resolution Board (PIRB)

In Ireland, all non-medical negligence claims, including public liability claims, must first be submitted to the Personal Injuries Resolution Board (PIRB) for assessment. The PIRB is an independent body that provides a fair and impartial mechanism for resolving claims without the need for lengthy and expensive litigation.

PIRB Assessment Process

The PIRB assessment process typically involves the following steps:

  1. Compensation Questionnaire: You will complete a detailed questionnaire outlining the details of your accident, injuries, and losses.
  2. Medical Assessment: You may be required to undergo a medical assessment to assess the severity of your injuries and their impact on your life.
  3. PIRB Assessment: The PIRB will review your claim and medical assessment and issue an assessment offer, which may include compensation for pain and suffering, loss of earnings, and other expenses.

Seeking Legal Guidance

While the PIRB provides a valuable alternative to court proceedings, seeking legal advice from an experienced public liability solicitor is highly recommended. A solicitor can help you:

  1. Gather and organise evidence effectively.
  2. Navigate the PIRB assessment process.
  3. Evaluate your claim’s potential value and negotiate with the defendant’s insurance company.
  4. Represent you at PIRB hearings if necessary.
  5. Take your claim to court if the PIRB assessment is unsatisfactory.


Public liability claims can be complex, and seeking legal guidance early on can significantly improve your chances of success. Martin A. Harvey Solicitors has a team of experienced public liability solicitors dedicated to assisting individuals in pursuing fair and just compensation for their injuries. We understand the challenges you may be facing and are committed to providing personalised and effective legal representation. Contact us today to schedule a consultation.


+353-(0)21-4963400 / 4271006

Navigating Winter Personal Injury Risks

As winter descends upon the Lee, our beloved city is transformed into a serene winter wonderland. However, along with the beauty of the season comes a set of unique challenges that can pose risks to your safety. Below, we explore the potential winter personal injury risks and discuss the essential steps to take if you find yourself facing an unfortunate incident.

Understanding Winter Risks:
1) Slippery Surfaces: The most prevalent risk during winter is the presence of icy and slippery surfaces. Whether you’re walking on the street, on private property, or even your own home, the chances of slipping and falling increase significantly with the presence of frost, ice and black ice.

2) Road Accidents:Icy roads, reduced visibility, and unpredictable weather conditions make winter a high-risk season for road accidents. Drivers and pedestrians alike need to exercise extra caution and look out for each other to ensure we all get home safely this Christmas.

3) Weather-Related Accidents: Harsh weather conditions such a storms heavy rain and snowfall can contribute to accidents like falling branches or collapsing structures.

Steps to Take After a Winter Injury:
If you find yourself in the unfortunate situation of having suffered a personal injury due to one of the risks above or by any other means, it is important that you do the following.

However, it is important to note that before you embark on a case, you must be able to identify who is at fault and that your injury could have been prevented if proper care had been given. For example, if you slip on ice in a city centre footpath, the council would have a duty of care to keep the area
clear of ice.
Seek Medical Attention: Your health is of utmost importance. If you’ve suffered a winter-related injury, seek medical attention promptly. Not only is this crucial for your well-being, but it also establishes a medical record of your injuries that can be referenced as proof of injury at a later stage.

1) Document the Scene: If possible, document the scene of the incident. Take photographs of hazardous conditions, such as icy sidewalks or poorly maintained areas, as this visual evidence can be crucial for your personal injury claim.

2) Collect Witness Information: If there were witnesses to your accident, obtain their contact information. Their statements may serve as valuable evidence in establishing the circumstances
surrounding your injury and will support your personal injury claim.

3) Report the Incident: Inform the relevant authorities about the incident. This is especially important for accidents on public property, such as footpaths, roads or any other public area. It ensures that the appropriate parties are aware of the potential hazards and should do something to prevent any further injury.

4) Preserve Evidence: Keep any relevant evidence, such as your footwear, clothing, or objects involved in the incident. These items may become essential when building your case and be used as case

5) Contact a Personal Injury Solicitor: If you’ve been injured due to the negligence of others or unsafe conditions, consult with a personal injury solicitor. The team of legal professionals and personal injury experts at Martin A. Harvey & Co. will assess the viability of your claim, guide you through the legal process, and help you seek compensation for your injuries and related expenses.

While the winter months are a special time of the year, it’s essential to navigate the season with caution. By understanding the potential risks and taking proactive steps in the event of an injury, you can better protect yourself and your rights. If you find yourself facing the aftermath of a winter-related personal injury, our team of experienced solicitors is here to provide the guidance and support you need to navigate the legal process successfully.

Stay safe, stay vigilant, and enjoy the beauty of winter responsibly. Should you need any assistance, please do not hesitate to contact us at maharvey@martinharvey.ie or +353-(0)21-4963400 / 4271006.

Fatal Injury Claims

Losing a loved one is an extremely difficult and traumatic situation – even more so where their death was caused due to somebody else’s actions. While nothing can compensate for the emotional trauma of the  loss, the financial burden resulting from your loss can be eased through the Fatal Injuries Claim Process.  This applies to incidents such as road traffic accidents, accidents at work, sports injuries, accidents on public or private premises, assault, medical accidents and other tragic accidents. If your loved ones’ death was caused due to the wrongdoing or irresponsibility of another person, you may be entitled to bring a fatal injuries claim. 

Who can bring a Fatal Injury Claim?

The Civil Liability Act 1961 Part 4 states that is the ‘personal representative’ of the deceased who can bring a claim. However, as is the nature with accidents, a personal representative may not have been appointed. As such, if six months have passed since the death of the deceased, dependents of the deceased may pursue the claim. A Fatal Injuries Claim may be brought by a personal representative or a dependent of the deceased. Dependents may include any member of the family of the deceased, including their: 

  • Spouse or former spouse 
  • Cohabiting partner of the deceased (subject to certain conditions) 
  • Parent / Step-parent
  • Child
  • Grandchild 
  • Sibling / Step-sibling

Recourse can only be sought for and on behalf of the dependents of the deceased. 

What is required as part of a Fatal Injury Claim?

A dependent cannot bring a fatal injury claim within the first six months of the death of the deceased. It is important that you inform your solicitors of your intention to bring a fatal injuries claim as soon as possible, as proceedings cannot be brought once two years have passed since the date of death, or knowledge of the death. 

The majority of Fatal Injury Claims are referred to the PIAB prior to issuing court proceedings, with the exception of circumstances such as death caused by medical negligence, Garda Compensation Acts and Maritime-based claims. 

It’s important to choose a solicitor who has experience in Fatal Injury Claims, as they will be able to guide you through each step of the process including the submission to the Personal Injuries Assessment Board. Your solicitor will need to prepare a range of supporting documentation including coroner’s reports, Garda reports, engineer’s reports, and Health & Safety Authority reports. 

How can I be compensated in a Fatal Injury Claim?

There are three heads of damages which the dependent bringing the Fatal Injury Claim may be compensated for: 

  1. Mental Distress | Damages for mental distress are designed to compensate the aggrieved dependent who has been adversely affected mentally by the death of a loved one. This is currently capped at €35,000. 
  2. Loss of Dependency | You may be compensated if you were financially dependent on the deceased. You will have to prove each financial loss that you have suffered. This often requires the services of an actuary to calculate how much each dependent would have received, had the deceased lived. This is calculated from the date of death and takes into account the life expectancy of the deceased among other factors. If the deceased provided services to the household (such as gardening, DIY, or childminding) then the cost of providing these services into the future may be claimed;
  3. Extraneous Expenses | This refers to any costs incurred as a result of the deceased’s death such as funeral expenses including the cost of burial or cremation. Other expenses such as funeral acknowledgement cards or travel expenses may also be recovered. 

Separately, you may claim for a personal injury if you have suffered nervous shock if you witnessed the accident or the immediate aftermath of the accident. 

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate Personal Injury* and Fatal Injury* claims. If you have lost a loved one as a result of Fatal Injuries caused due to someone else’s wrongdoing, we can assist and guide you through the claims process. Contact us on 021 496 3400 or maharvey@martinharvey.ie.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

**Please note that the PIAB may allow you to take your claim straight to the courts without an assessment ‘if your injury consists wholly or in part of psychological damage which would be difficult to assess by means of PIAB’s assessment procedures’. (Source)

Equal Pay Claims: The Gender Pay Gap

Equal Pay in the workplace is something that is being talked about more often, as workplaces and employers strive to ensure that all employees are treated fairly and equally. This is also protected under Irish Employment law, and the Employment Equality Acts prohibit both direct and indirect discrimination across a number of grounds. The Gender Pay Gap is one issue that is often discussed, and with employers (currently only  those with over 250 employees) now obliged to report on the gender pay gap in their organisation, it is a topic that will become familiar. 

In Ireland, where two people are undertaking work that is the same or of similar value, they should be paid a similar rate of pay, or equal pay. This has been protected in Irish law since the 1970s. 

What is the Gender Pay Gap?

The Gender Pay Gap is the difference in average gross hourly earnings between men and women. It is based on salaries paid directly to employees before tax and other contributions are deducted (Source). While this does not include pension rights, other considerations such as cash or benefits-in-kind which an employee receives from their employer in respect of the employment. The latest figures show that the gender pay gap for Ireland is 11.3%  and the EU average is 13% (Source). 

Equal Pay is included in the Employment Equality Acts 1998 – 2015, in addition to the IHREC statutory code of practice. Under this law, employers are required to pay their employees who are undertaking ‘like work’ equal remuneration. ‘Like work’ is defined as work that is the same, similar or of equal value and is one of the terms that must be part of the contract of the employment (Source).

The Pay Transparency Directive is part of a wider EU strategy that seeks to tackle concerns about the enforcement of equal pay between men and women. It aims to eliminate pay secrecy by promoting transparency by implementing reporting measures for larger companies, creating new information rights, and refreshing the concepts of the equal pay regime. It will be transposed into Irish Law by June 2026 at the latest. 

How can I make an Equal Pay Claim?

Where work is the same, similar, or of an equal value, employees should be paid a similar rate of pay. Section 76(1) of the Employment Equality Act 1998 provides that a person who considers that they are not receiving equal pay may seek information concerning remuneration from the employer – or former employer. 

In the wider context, the Employment Equality Acts prohibit both direct and indirect pay discrimination on the following grounds: 

  • Gender
  • Marital Status 
  • Family Status 
  • Sexual Orientation
  • Religion 
  • Age
  • Disability 
  • Race
  • Being a Member of the Traveller Community 

In order to bring a successful claim for equal pay, you must identify a ‘comparator’ who is carrying out ‘like work’, but is treated differently on the basis of a discriminatory grounds – in this case, on the grounds of gender. 

Once you have identified a comparator who earns more than you, and falls into one of the following categories, your employer will be required to explain this difference in pay. These categories are:

  • You are undertaking ‘like work’ – work that is the same or broadly similar 
  • Your work is ‘rated as equivalent’ – at the same grade 
  • Your work is ‘of equal value’ – you undertake different work but this is of equal value with regards to the demands of the job. 

The redress for a breach of the prohibition on unequal pay is an order for equal pay, together with an order for the payment of arrears. There is a time limit of two years from the date of reference on the claim. 

There are a number of defences to equal pay claims which you should be aware of when considering a claim. These include differences in pay which are not related to any of the protected characteristics such as length of service, capacity for extra duties, grading structure or higher qualifications, for example, or if the work is not considered ‘like work’. Market forces may also come into account here. 

It is recommended that these issues are first raised directly with your employer, in order for them to address your concerns or complaints and make amends accordingly. However, if you do not receive an adequate response, the matter can be brought to the Workplace Relations Commission. Engaging an employment law solicitor to assist with your workplace dispute is highly recommended, and will allow you to rest assured that you are aware of all of the options available to you and that your case is handled efficiently and effectively. 

If you believe that there is a member of the opposite sex who is being paid more than you for work that is equal to yours, in your workplace, you are entitled to lodge a claim.  At Martin A. Harvey & Co. Solicitors, our team is experienced in all aspects of employment law in Ireland and would be happy to advise and assist you. You can contact us here or freephone 1800 396 396. 

Defamation: What you need to know

Have you ever heard of the terms defamation, libel or slander? You might often hear these terms, but may not be sure what exactly they entail, and why they exist.  

The law of defamation is concerned with protecting one’s reputation from unjust attacks. Defamation laws ensure that a person has the right to their good name. The Defamation Act of 2009 provides that a defamatory statement is one which would injure your reputation in the eyes of reasonable members of society. If it is found that your character has been defamed, you may be eligible to make a claim for damages or compensation. At Martin A. Harvey & Co. Solicitors, we have extensive experience in dealing with Circuit and High Court defamation proceedings. 

What is defamation 

A defamatory statement is one that reasonable members of society would think damages your reputation. However, a statement is not defamatory if it is true or substantially true. You may also have heard of the terms ‘slander’ or ‘libel’. These terms were replaced by the umbrella term of ‘defamation’ under the Defamation Act 2009. 

To take a case for defamation, you must demonstrate that the statement in question was ‘published’ to at least one other person – and the one other person cannot be the person who is taking the complaint.  The method of publication could include: 

  • A conversation with another person 
  • Comments posted on social media sites 
  • Newspaper articles (digital and print)
  • Blog posts / websites 
  • Speeches

There are many different scenarios in which defamation may take place. Some of these include: 

  • Accusation of theft 
  • Defamatory reference (from a previous employer)
  • Defamation by a media organisation 
  • Fraud accusation
  • False imprisonment – detention by security in a retail business following a false accusation of theft. 

Defamation and Social Media 

The Defamation Act 2009 does not set out any laws that are specific to social media posts or social media companies. However, if an allegation or opinion is posted about a person, that person can still have a case for defamation – even if the piece was published anonymously. 

How do I make a defamation complaint?

If you believe that a defamatory statement has been made against you, and that it damages your reputation, you can take a complaint to court. Defamation cases must be made no more than one year after the defamatory statement was issued. For a case to be successful, the person making the claim must be able to prove that: 

  • The statement made was fales 
  • The statement was published 
  • A specific person is identified or recognisable through the statement. 

While preparing your complaint, you should detail the history of the event including all records of publication or recordings of the defamatory incident or statement being made. Gather your witness statements, and source any other sources such as CCTV footage that might assist with your case. 

Outside of taking a complaint to court, there are other options that may be available to you, including: 

  • Making a complaint to the organisation that published the statement; 
  • Making a complaint to the Press Council or Broadcasting Authority of Ireland. 

However, it is important to note that in the above scenarios, a complaint cannot be investigated where legal action has already commenced. 

Are there any defences to defamation?

The Defamation Act 2009 sets out a number of defences and privileges against a legal action for defamation. These are:

  1. The statement is not true: in this situation, the person who made the statement will need to prove that the statement is true / substantially true. If the statement is not true, it is only considered defamatory if it damages the reputation of the person making the complaint.
  2. Absolute privilege: some statements, if made in an official capacity or as part of a testimony, will have the protection of absolute privilege. These include statements made:
    1. By a TD in the Dáil, a Senator in the Seanad, or an MEP in the European Parliament
    2. By a judge whilst performing their duties 
    3. By another person in a court as part of court proceedings (such as solicitors or parties to a legal claim)
    4. As part of an Oireachtas Committee
    5. In a tribunal of inquiry, or commission of investigation
  1. Qualified privilege: statements can be privileged, but may then lose their privilege if the statement was made maliciously, or if the person later refuses to correct an inaccuracy.
  2. Honest opinion: an opinion is honestly held if the person making the statement believed the truth of the allegation at the time of making it. It may apply where:
    1. The opinion is honestly held
    2. The opinion is based on allegations of facts that are set out with the statement, or known to the person complaining of defamation, or based allegations of fact that are privileged 
  1. Fair and reasonable publication: applies where a statement is made in good faith about something that is in the public interest. 
  1. Innocent publication: may apply where a person is not responsible for the statement or the publication of the statement, but contributed to distributing the statement in some way.
    1. This defence has been used by social media companies for defamatory posts made on their platforms. 

If you have been subject to defamation, be it in the public arena or at work, you may be entitled to make a claim for defamation and compensation. At Martin A. Harvey & Co. Solicitors, our team is experienced in all areas of defamation law in Ireland and would be happy to advise and assist you. You can contact us here or freephone 1800 396 396. 

Delayed Road Traffic Accident Injury Symptoms and Making a Claim 

Being involved in a car or road traffic accident can be a very frightening experience, and will likely leave you quite shaken, in addition to any injuries you might suffer. When shock sets in, it can be difficult to think clearly as your body reacts to the stress and adrenaline of the experience. In many cases, the side effects from your car accident can be delayed due to this shock and you may not start experiencing pain from your injuries for some time later. If you have developed delayed road traffic accident injury symptoms or discovered an injury following a car accident, you may be entitled to make a claim for damages. 

If you have been involved in a road traffic accident, it’s important to seek medical attention – even if you have no visible injuries. A qualified medical professional will be able to assess the impact of your accident, and help to uncover any internal or delayed injuries that may have not yet developed. It may also affect the outcome of your claim if you are not seen by a medical practitioner. 

Delayed Road Traffic Accident Symptoms

There are a number of injuries that take some time to develop after an accident. Some of the most common symptoms include:

  • Neck and shoulder pain: is commonly associated with whiplash and can be a sign of something more serious such as spinal injuries. Whiplash is a type of soft tissue injury that is caused by the head suddenly jolting against the body’s momentum, causing strain on the neck and back muscles / tissue;
  • Headache: can be very common and can be caused by many different factors, however a persistent headache should be investigated. Even a mild yet consistent headache could indicate an underlying injury that you may not have noticed. In many accidents, people can hit their head on the car’s interior and the force at which this happens can cause serious injury;
  • Behavioural or Emotional Changes: can be linked to a traumatic brain injury
    • Post-Traumatic Stress Disorder is a mental health disorder that commonly develops after a traumatic event. Symptoms include anxiety, depression, chronic pain and even gastrointestinal disorders;
  • Numbness and tingling: could be linked to nerve damage or spinal issues. You could also feel a weakness in a specific area. Neurological symptoms such as these are considered a medical emergency in the aftermath of a head, neck or back injury and you should immediately seek medical attention;
  • Back Pain: back injuries may include damage to the muscles, joints, discs, ligaments and even the spinal cord. As the initial shock begins to subside you may feel this pain more acutely and clearly;
  • Abdominal Pain: could be a sign of internal and soft tissue injuries, and could progress into something more serious if left untreated. Pain or swelling in the abdominal area can also be a sign of internal bleeding – one of the most common and dangerous delayed symptoms after a car accident. It should be treated as a medical emergency. Additional symptoms can include headaches, bruising and dizziness. 

You should monitor for any other changes in your general health in the aftermath of an accident, as injuries can manifest in many different ways. 

It’s important to seek medical attention and a full evaluation if you have been involved in a road traffic accident – even if you do not have any visible injuries immediately following the accident. This medical assessment might uncover injuries that you are not aware of, or uncover the full extent of injuries that you have noted. 

Making a Claim 

If you have been injured in a car accident, you may be entitled to make a personal injuries claim. Your first step in this process should be to contact your solicitor, who will advise as to whether your claim is valid, and your options in proceeding with the claim. To learn more about what to do after a car accident, you can read our blog on the topic here

For a claim to be successful, fault must be determined. In situations where blame is not clear, there are laws such as the Rules of the Road which will determine fault. Where both parties are somewhat responsible, ‘contributory negligence’ will come into play. You should speak to your solicitor if this is the case. And even if the other driver is not disputing liability for the accident, it’s always best to speak with your solicitor if you were injured in a road traffic accident. 

If you have been in a road accident and are experiencing delayed road traffic accident injury symptoms, and would like to discuss a personal injury that you have suffered, please contact the team at Martin A Harvey & Co. Solicitors and we would be happy to assist you. *

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Occupational Injury and Work Related Illness Claims

Work related illnesses and occupational injuries can have a significant impact on your wellbeing, and impact your ability to make a livelihood. Occupational injuries or work-related illnesses that have been sustained during the course or duties of a person’s job can manifest in many different ways – and are usually dependent on the job that the person undertakes. In many instances, the injury or illness occurs as a result of an unsafe working environment, practices, or exposure to harmful substances during the course of their duties. If you are faced with an occupational injury or a work-related illness, it’s important that you are aware of your rights, and your ability to make a personal injury claim against the damage and impact. 

What is a work-related illness?

A work-related disease is any illness that is caused or made worse by workplace factors, including diseases that have more complex causes that are a combination of occupational and non-work related factors (Source).

An occupational disease is any disease that is caused primarily by exposure at work to a physical, organisation, chemical or biological risk factor – or even a combination of these factors. Some occupational diseases will develop gradually as a result of prolonged exposure, while others may not manifest until years after the exposure. The latter can cause some challenges in establishing liability and proving negligence after a lapse of time. Queries may also be raised as to the date of knowledge or when the employee first became aware of their symptoms or illness for the purpose of the Statute of Limitations. 

Many types of diseases such as cancer, respiratory disorders, cardiovascular disease, musculoskeletal disorders and mental health problems can be caused or made worse by work. 

There are several workplace exposures that are known to contribute to the development or progression of a disease (Source): 

  • Dangerous substances: chemical and biological agents, including carcinogens
  • Radiation: including ionising radiation and ultraviolet (UV) radiation from the sun
  • Physical factors: vibration, noise, manual lifting and sedentary work
  • Psychosocial factors: work organisational and psychosocial risk factors such as shift work, stress, and bullying

An occupational injury can encompass any harm or damage suffered by an individual as a direct result of their job or workplace environment. These injuries can range from slips, falls, or manual handling accidents, to more severe incidents like machinery malfunctions. 

What can I do if I have suffered from a work-related disease or illness?

In cases where you believe that your work-related illness has been caused due to the negligence of another person or entity, you may want to seek compensation by seeking a personal injury* claim. In these cases you should: 

1. Speak with a Solicitor 

Your first step in making a claim should be to consult a solicitor, who can guide you through the process and protect your rights. They can also provide guidance in submitting your application correctly, procuring your medical report, and advise you on the assessment made by the Personal Injuries Assessment Board (PIAB). If you choose to take your claim to court, your solicitor can arrange for the necessary court proceedings to be drafted, and act as your legal representation. The responsible party will need to be contacted in writing.

A medical report will be required as part of your PIAB application, which can be provided by the practitioner who treated you. If you are unable to submit a medical report along with your claim application, you can speak to your doctor about getting a note with details of your illness. You could also choose to submit a copy of your hospital admission records. If none of these options are possible, you can still submit your application and follow up with the medical report at a later date. However, you must submit all relevant documentation within two years. Before assessing your claim, the PIAB may carry out an independent medical examination. 

2. Fill out a Personal Injury Claim Application 

Claims should be sent to the Personal Injuries Assessment Board (PIAB), with the exception of cases of medical negligence. If your claim relates to medical negligence, you can speak to a member of our team today to find out how we can assist you. 

The PIAB is an independent statutory body that assesses “personal injury claims for compensation following road traffic, workplace or public liability accidents” (source).

To submit your claim, you should fill out the application form at piab.ie. You may also submit this form by post.  

3. Submit Your Application 

When you are submitting your form, you will need to include the processing fee as part of the required documentation. If you have medical documentation at this point, you should also include this. If you have suffered any financial losses due to the illness, you must also include these receipts with your application. You can include any other documents you feel are relevant. 

Please note that your claim must be made within two years of the date on which you sustained the injury, per the Civil Liabilities and Courts Act 2004 (source). 

Once the respondent allows the claim to be assessed by the PIAB, it can take over 7 months for a decision to be made. If your claim is taken to court, this will increase to 36 months. For claims assessed after 24 April 2021, the PIAB refers to the Personal Injuries Guidelines as a guideline for awarding personal injury* claims. (Source)

If you would like assistance regarding a work-related illness* claim, please contact our team at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way we can. 

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. 

We use cookies in order to give you the best possible experience on our website. By continuing to use this site, you agree to our use of cookies.