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 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. 

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

3. 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.
   
4. 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 

5. Fair and reasonable publication: applies where a statement is made in good faith about something that is in the public interest. 

6. 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. 

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.

What to do if you have been involved in a cycling accident and think you are eligible to make a claim.

As the summer months settle in, many of us will be taking to bicycles and other modes of transport to make the most of the good weather. Cyclists and pedestrians are unfortunately very vulnerable road users, and often are involved in collisions with motorists. The Road Safety Authority has a useful guide on cyclist road safety, and if you’re getting back on the bike this summer it is worth refreshing your knowledge. 

Even with all the preparation in the world, sometimes accidents are unavoidable. If you have been involved in a cycling accident, there are a number of actions you should take if you feel you might be eligible to make a claim for compensation. 

Common causes of bicycle accidents 

As cyclists are vulnerable road users, there are many instances in which an accident can happen. Some of the most common include: 

• Motorist negligence: incidents with motorists often occur when they fail to see a cyclist or may not leave sufficient room while overtaking a cyclist on a stretch of road. This can also include situations where traffic such as a taxi, car, or bus knocks you from your bike while they are attempting to stop or pull out into traffic. 
• Other cyclists: if another cyclist swerves in front of you or makes contact with you or your bike, it may cause an accident. As with all road users, cyclists must have due regard and consideration for all road users including pedestrians, cyclists and motor vehicles. 
• Pedestrians: if a pedestrian causes an accident or injury by walking in front of you without looking, or not using a designated pedestrian crossing, they may be at fault. 
• Faulty equipment: if your bicycle has been recently purchased or repaired with a guarantee, and causes an accident and injury due to a fault, you may be eligible to make a claim against the repair shop or manufacturer. 

What to do if you have been involved in a cycling accident 

Medical attention 

First of all, you should ensure that you are safe and not injured. If you have been seriously hurt, you should seek medical attention immediately. Try not to move if you can, but if the accident has occurred on a road then you may be in danger of moving traffic and need to move. 

Gather information

It’s important to gather as much relevant information as possible after your accident. This includes: 

• Details of the third party or driver that caused the accident and the people involved. You should get their name, address, contact information, vehicle registration number and vehicle insurance number;
• Name and contact information of any emergency service workers at the scene such as the Gardaí or paramedics; 
• It may be useful to take a picture of the scene from as many different angles and perspectives as you can. This should document the location of your bike, the other vehicle and any damage sustained to either;
• Record the time, date and weather conditions at the time;
• Throughout your recovery and after your accident, you should remember to retain your medical records, receipts and records of expenses incurred as a result of the accident, as these will be important in the claims process. 

Making a claim 

If you are thinking about making a bicycle accident claim for any of the personal injuries you have sustained during your accident, it’s important that you speak with a personal injury solicitor. They will be able to review your case and gather information such as medical reports, advising you on the elements that are required for the claims process. 

The first step in your personal injury claim will be to submit a claim to the Personal Injuries Assessment Board. 

The PIAB is an independent statutory body, to which all personal injury claims in Ireland must be submitted. This does not include medical negligence claims. The purpose of the PIAB is to provide an independent assessment of personal injury claims for compensation following incidents such as road traffic accidents, workplace accidents and public liability accidents. 

While you can make an application to the Injuries Board without the assistance of a solicitor, it is recommended by the Law Society of Ireland that members of the public should use a solicitor in their dealings with the PIAB, as a competent personal injury solicitor will be experienced with the application process and all of its various requirements. This will also ensure that your claim will progress smoothly and in an efficient manner.

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. If you have had a cycling accident, and have been injured due to someone else’s wrongdoing, we can help you with 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)