Hello World!

Category: Uncategorised

What to do after a car accident

Posted on by Dyjaho_Admin

Being involved in a car or road-traffic accident can be a frightening experience, and might leave you quite shaken for some time, in addition to any injuries you might suffer. In the moment, it can be quite difficult to think clearly due to shock. However, by law, there are some actions that you need to take – and others that are advisable for your own safety and insurance purposes. 

What to do if you have been involved in a road traffic accident

If you have been involved in a motor collision, Section 106 of the Road Traffic Act 1961 sets out some actions you will need to take.

First of all: 

  • You should stop the car as soon as possible – it is an offence not to do so. If your vehicle is still moving, pull over as soon as you can. You should then turn off the engine and switch on your hazard lights. 
  • Check yourself and your passengers to ensure everyone is safe. If anybody has been hurt, you should call 999 if necessary. You should try to take some deep breaths and keep calm as much as you can so that you can take stock of the situation. 
  • It’s important that, in the aftermath of the accident, you do not admit fault or apologise until you know exactly what happened – this can protect you from liability if the accident was not your fault. 

What next?

If the collision is serious, do not move the cars. However if it is minor and the cars involved are blocking the road, or causing a danger to other road users, mark their position on the road and then move them. Take photos of the scene of the collision – especially if you are moving the vehicles.  Be aware that damaged cars may be leaking fuel. 

Try to warn oncoming traffic of the accident if it is safe to do so. You could turn on your hazard lights, or if you have a reflective advance-warning triangle then place it on the road far enough from the scene of the collision to give enough warning to approaching traffic. If the collision has occurred near a bend in the road, make sure you’re giving warning to traffic on both sides of the bend. 

You should notify An Garda Siochána as soon as possible, and they may attend the scene of the collision. If a Garda is present at the scene of the collision, you must provide them with the information that they request from you. This could include: 

  • Your name and address, the address at which your car is kept, the name and address of the car’s owner, the car’s registration number, and motor insurance details. 

If a Garda is not present, you must report the accident as soon as you can to a Garda who is nearby or at a Garda station, no more than 24-hours later. 

Gather your information

Get the names, address and telephone numbers of any witnesses – these may be required if a question of liability arises. You should also get the name or number of the Garda to whom the collision is reported. Write down what happened as soon as you can and sign and date your account (including the time) once it’s completed. This will help you to keep your report clear and as accurate as possible and include as much detail as you can: what sort of damage was caused, what were the driving conditions like, what was the time and date of the crash are just a few thought starters. 

Uninsured or unidentified cars: If you wish to claim compensation where you are involved in an accident with an uninsured or unidentified car, you will need to contact the Motor Insurer’s Bureau of Ireland (MIBI).

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. 

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. 

Road accidents happen in a blink-of-an-eye, but your reaction to them should be informed and considered. If you have been in a road accident or 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 is the Personal Injury Assessment Board?

Posted on by Dyjaho_Admin

In our blog on Personal Injury Claims, we discussed the Personal Injury Assessment Board (PIAB) – the statutory body that assesses personal injury claims. But just what is the PIAB and what do you need to know about it if making a personal injury claim?

What is the Personal Injury 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.  

According to Citizens Information, claims are usually assessed approximately seven months from the point when respondents consent to having the claim assessed. In court, this can take up to 36 months.

How do I make an application to the Personal Injury Assessment Board? (PIAB)
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.

1. Your first step in making an application to the PIAB should be to speak with a personal injury solicitor, who will be able to provide you with the information that is required to submit your application. They will then prepare your file and gather all required information. The following details are usually required to complete your application: 

  • Details of the accident;
  • Details of the injuries you have suffered, including evidence such as photographs;
  • Details of any previous injuries, conditions or accidents you have been involved in;
  • A list of the expenses that you have incurred as a result of this accident, such as your medical bills;
  • A description of the person who is at fault.

It’s extremely important that you identify the correct person at fault when you are making your application. If you have identified someone to be at fault, and the PIAB does not agree with your identification of the person at fault, then the accused person can apply for an order of costs to be issued. This means that you will be obliged to pay their legal fees. 

It’s also vital that your form is completed correctly as there will be no opportunity to amend or re-submit it. 

2. A medical report will be a key part of your claim as it will confirm the details of your injuries. Your solicitor can request this from the medical professional that treated you, and it should include a prognosis, estimated time for recovery and details of any treatments that are necessary for your case.

In cases where a psychological injury has been sustained, your solicitor will request a report from the psychologist that treated them.

3. Form A

  1. Once your solicitor has received your medical report, they will have all of the information needed to start processing your application to the PIAB. They should now start completing what is called a ‘Form A’, which will be submitted with copies of your medical reports and other relevant documentation. 

Online applications cost €45, and the submission of postal or email forms cost €90.

The PIAB will confirm with you once they have received your application. They will issue a reference number for your application, notify the person / company of your personal injury claim against them and also send them a copy of your application form and relevant medical reports.

4. Your claim will then be assessed by the PIAB, and they will make their decision. If their conclusion is in your favour, then the PIAB will suggest a compensation amount to be paid by the party at fault. You cannot negotiate this offer – only accept or reject it. The next steps in your claim are determined by your mutual agreement (with the person deemed at fault) or your disagreement on the compensation amount. You will have 28 days to make this decision.

  • If you both agree to the compensation amount, the PIAB will issue an ‘Order to Pay’ which orders the person at fault to pay the compensation due to you;
  • If one or both of you do not agree to the suggested compensation amount, then you will be issued with an Authorisation to move the claim forward and issue legal proceedings to resolve the matter. 

PIAB Time Limits

The PIAB has a period of nine months from the date they receive your application to assess your claim. If this is not possible, you will be contacted by the PIAB with a request for an extension. 

If there has not been an agreement on the PIAB’s assessment of your case, you will be issued with an Authorisation to move to Court proceedings. You will have six months from this date to issue legal proceedings to bring the personal injury claim to court. 

Claimants have a two-year time limit from when the accident occurred to make a personal injury claim. If you do not start the claims process within this period, your claim will not be enforceable. 

However, in some cases a person may not know they have been injured. If this is the case, the two-year limit will start from the time that the person becomes aware of their injuries. 

What type of accidents are dealt with by the PIAB?

Road Traffic Accidents: this includes anything from car, truck, and bus accidents, to motorcycle and bicycle accidents, and even accidents involving pedestrians. 

Accidents at Work: these types of accidents usually include slip, trip and falls at work; injuries incurred through manual handling or from hazardous environments; or repetitive strain injuries to name a few. 

Accidents in a Public Place: also called Public Liability Claims, these types of accidents can include slip, trip and fall incidents in public places such as a shopping centre, public park, shops, on a pavement or footpath, or on someone’s property. 

Exceptions to the PIAB process

It’s important to note that there are a number of injuries that are not assessed by the PIAB. These include: 

  • Medical negligence (read more here);
  • Assault claims; 
  • Cases where the injuries sustained are solely psychological. However where there is a psychological / psychiatric element to a personal injury claim, the PIAB will likely proceed in their assessment. 

The PIAB may also decline claims where there are complexities arising from pre-existing medical conditions.

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. If you 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)

What is a medical negligence claim?

Posted on by Dyjaho_Admin

If you have suffered a personal injury that has been caused as a result of medical practice, you may be in a position to make a medical negligence claim. 

Medical negligence can be defined as any action by medical staff or members of hospital / clinic staff which fall below an acceptable standard of care and which directly causes injury or disease or allows the health of a person to deteriorate as a result. (Source)

What are the most common types of medical negligence claims?

There are many different reasons you might seek to put forward a medical negligence claim, but there are several instances that occur most often. These include: 

  • Pregnancy and birth injuries
    These cases will usually involve the mother or child suffering an injury either through the perinatal period (the weeks immediately before and after the birth), preceding or during the delivery, or during the neonatal care phase (referring to babies born before 37 weeks gestation);
  • Failure to investigate and treat medical issues
    Where a patient’s situation or complaint receives insufficient investigation or treatment by the attending medical professional. These circumstances are common in accident and emergency settings;
  • Negligent medical advice and/or care
    Circumstances might include situations where a medical professional does not follow the specific instructions set out by a consultant in terms of a patient’s care – such as using an incorrect course of medication or incorrect application of these instructions, which are detrimental to the patient’s health. It might also be a case where a GP fails to refer their patients to a relevant consultant despite it being warranted;
  • Medical misdiagnosis or delayed diagnosis
    These cases might involve a diagnosis that is missed completely, made in error, or significantly delayed thereby causing harm to the patient;
  • Surgical negligence or error
    In these cases, a foreign object may not have been removed from the body after a surgery or unnecessary damage might have been caused during the surgery, such as injuring another organ. For a successful case, the cause of the injury must be a result of negligent treatment or behaviour, and not due to something outside of the surgeon’s control.

If I have suffered emotional distress as a result of medical negligence, am I still entitled to make a claim?

While psychological distress can be more difficult to quantify in a medical negligence claim, it can still be a valid claim if the psychological injury / injuries have been directly caused by the case in question.

In order to substantiate your medical negligence claim, you will need to show that you have suffered from a recognised psychiatric injury. The World Health Organisation’s book on this matter details these injuries in full, however the most common psychiatric issues that would fall under this include:

  • Post-traumatic stress disorder
  • Depression
  • Panic attacks or severe anxiety
  • Adjustment disorders (an emotional or behavioural reaction to a stressful event or change in a person’s life)

In this case, you will need to undergo a review by a consultant psychiatrist in order to substantiate your medical negligence claim.

How do I make a medical or dental negligence claim?

To be eligible for a medical negligence claim, you will need to establish that 1) a doctor-patient relationship existed, and 2) prove that the medical professional was negligent. Your first step should be to consult a solicitor who will be able to review your medical expert and assess the viability of your claim, and begin the next steps such as instructing an independent report.

Our dedicated team of specialist Medical Negligence Solicitors at Martin A. Harvey & Co. will assist and guide you through your medical negligence* claim. We are experienced in dealing with all types of medical injuries and negligence* cases. 

If you would like assistance regarding your medical negligence* claim, please contact our team here at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way that we can. Freephone 1800 – 396 396 or fill out our contact form here.

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

Accidents Involving Public Transport

Posted on by Dyjaho_Admin

As the festive season gets underway, many of us may be making more use of public transport options to avoid the lengthy delays and difficulties finding parking that are common in so many towns and cities at this time of year. As a passenger, the responsibility falls on the driver or conductor to follow all safety procedures to transport you safely to or from your destination. Whether you use public transport on a regular basis, or only on a rare occasion, it can be very unsettling and upsetting if you suffer a personal injury or accident while travelling. If you have suffered an injury in a public transport accident that was not your fault, you may be entitled to claim compensation. 

Types of Accidents 

There are many types of claims that can result from an accident on a bus. You might have had a trip or fall while on the bus, or getting on or off the bus; been involved in a collision with another vehicle; or an injury sustained on the bus due to poor driving.

Likewise, on a train or tram, you might have suffered an accident while boarding or disembarking the train, or encountering faulty electric doors; you might have encountered a trip or slip hazard such as wet floors that have not been properly identified and dealt with; the train might stop suddenly causing objects to be dislodged or fall, or you yourself might fall onboard as a result. We also regularly hear about tram (Luas) collisions with pedestrians or road traffic accidents in the news.

If you have been travelling with a taxi, you may sustain an injury during an accident while on your journey. This might be a side impact collision, a head-on collision, or a rear-end collision in a taxi. 

The injuries you might have suffered could include whiplash, broken bones or fractures, cuts or lacerations, back, head or neck injuries, brain or spinal damage, or damage to your legs, arms, feet or hands. 

What to do if you have been involved in an accident while using public transport

If you have been involved in a public transport accident, the first thing you should do is seek medical attention if required. 

  • You should take as detailed an account as possible of the accident including as many details as you can. This should include the taxi registration number and insurance details, or details of any of the drivers and other vehicles;
  • Take photographs or videos of the scene / location if it is safe to do so, as this can also help in assessing the incident at a later stage; 
  • If there are any witnesses, it is recommended that you take their contact details so that their account can be taken into consideration; 
  • Alert the Gardaí – while they might not need to attend every public transport accident, it is important that you report the incident. For any serious accidents, the Gardaí will most certainly need to assess the incident and make a report of the scene. 

Making a Public Transport Accident Claim 

If you have been involved in a public transport accident and have suffered a personal injury, you may be able to make a personal injury compensation claim. If you would like assistance regarding your personal injury* claim, please contact our team here at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way that we can. Freephone 1800 – 396 396 or fill out our contact form here. 

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

Weather Related Accidents at Work

Posted on by Dyjaho_Admin

The winter weather is starting to settle in, and so too is the prospect of severe weather occurrences. Severe may impact on your ability to undertake your work – or attend your place of work, and so you should be aware of where you stand in relation to presenting at your place of work during these warnings. At this time of year, we also hear a lot more about people suffering from a weather related accident at work.

Some of the most common accidents that occur due to poor weather while at work are slips, trips and falls due to surface water, loose flooring or surfaces, inadequate lighting, and slippery surfaces that may be caused due to leaves or ice. This may result in back and neck injuries, breaks, fractures, or leg, hip or shoulder injuries. Other situations might include exposure or cold stress due to working outdoors in bad conditions. 

Your employer must take reasonable steps to keep your work environment safe. If the relevant guidelines are not followed, and you suffer an injury as a result of this, you may be entitled to compensation. 

Weather related accident at work

If you unfortunately have an accident at work, you should firstly seek medical help if you have been injured. 

In cases where your accident or injury 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 

Making a claim can be quite a lengthy and complex process, due to the many stipulations that are required. As such, 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. 

  1. Contact the Responsible Party 

You will need to contact the responsible party (the respondent) in writing within one month of your accident, advising them of the accident and your resulting injury. If this step is not completed within one month, your PIAB application may not be affected, however it may infringe on your case should you take it to court. The respondent must consent to the PIAB assessment within 90 days of your notice – and if they do not want the claim to be reviewed you may take the claim to court. 

  1. Establish your Medical History 

You will need to submit a medical report as part of your PIAB application. This report can be provided by the practitioner who treated the injury in question. 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 injury. 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 of sustaining the injury. Before assessing your claim, the PIAB may carry out an independent medical examination. 

  1. 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.  

  1. 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 accident, 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)

  • It’s a good idea to take photos of your injury or whatever caused your accident, make sure you have contact details for anyone who witnessed your accident, make notes about your accident as soon as possible

If you would like assistance regarding a personal injury* claim as a result of a weather related accident at work, please contact our team at Martin A. Harvey & Co. Solicitors, and we would be happy to assist you in any way we can. 

If your accident happened in a public place, and not your place of work, please refer to our guide on what to do after an accident in a public place.  

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

Slips, Trips and Falls: What you need to know

Posted on by Dyjaho_Admin

Slips, trips and falls are some of the most common incidents that occur both in workplaces and in public spaces. While with some falls, it’s just a matter of bruised pride, there are many cases where people will suffer severe personal injuries – such as fractures, breaks, back pain, bruising, swelling and cuts.

As we face the winter months and poor weather conditions, it can be more likely that you might have a slip, trip or fall while out and about, resulting in a personal injury.

If you have been injured as a result of a slip, trip or fall in a circumstance which could have been prevented (or occurred as the result of the actions – or lack thereof –  of someone else), then you may be entitled to make a claim for compensation. 

At Martin A. Harvey, as one of the top personal injury firms in Ireland, we have been successful in securing compensation for clients who have been injured as a result of slips, trips and falls. 

Here’s what you need to know

If you have been injured or had an accident in a public place, you should: 

  • Ask the owner of the property or an employee to report the accident and document the exact circumstances, and also to provide you with a copy of this report; 
  • Take photos where possible, and if appropriate. Take as many photos as you can, and from as many angles as possible so that a full and clear picture can be captured for review;
  • If you have been injured, you should always seek medical help; 
  • Speak to a solicitor. 

If your accident occurred in a public place, read our blog on what to do after an accident in a public place for more information. Regardless of whether the property is publicly or privately owned, the owner has an obligation to keep the property safe and you may be entitled to compensation. While every case is different, there are some important points you should consider:

A property owner may not be responsible for your personal injury if

  • You were trespassing at the time;
  • You were acting carelessly or irresponsibly, and this contributed to the accident;
  • An ordinary person would have noticed the danger and avoided it;
  • The danger did not exist long enough for the owner to discover or address it; 
  • The owner took reasonable steps to prevent your accident from happening. This could be a barrier or warning sign. 

A property owner may be responsible for your personal injury if

  • The owner or an employee caused the danger; 
  • The owner or an employee were aware of the danger and did not address it; 
  • No reasonable steps were taken to prevent an accident occurring. 

Not all of these conditions are necessary for a successful claim, however a good solicitor can help you determine whether your claim is valid for compensation. 

If you would like assistance regarding a personal injury* 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. 

What is a Personal Injury Claim?

Posted on by Dyjaho_Admin

A personal injury* claim is a legal case in which the claimant has suffered an injury or illness because of the actions or negligence of another person or entity.

The claim serves to seek compensation from the responsible party for damages caused by the injury, for example medical fees or loss of wages due to missing work.

How do I know if my claim is eligible?

The best way to find out if you have a claim worth pursuing is to contact a personal injury solicitor, who will be able to discuss your claim and advise on whether you can raise a claim.

Overview of Common Terms

If you are pursuing a personal injury claim, you may come across some unfamiliar terms, or terms you may have heard before but don’t fully understand. To help ease any confusion, we have outlined some of the most common terms that may crop up: 

  • A personal injury is an injury of a person’s body, mind or emotions.
  • In a personal injury claim case, the claimant or plaintiff is the person who suffered the injury. 
  • The defendant is the person or entity (such as an organisation) who is responsible for the injury. This party may also be referred to as the respondent.
  • The Personal Injury Assessment Board (PIAB), also called the Injuries Board, is the statutory body that assesses personal injury claims. All personal injury claims, apart from medical negligence claims, must be submitted to the PIAB.
  • There are two types of damages that can be incurred due to a personal injury. General damages are non-economic costs associated with the injury, such as emotional distress. Special damages are the economic costs incurred due to the injury, such as medical fees. This includes any future costs that the claimant will incur, such as ongoing medical fees due to long-term injury.
  • Contributory negligence is a term referring to situations in which the claimant is partially responsible for their injury. You may still raise a claim in this instance.
  • Letter of Claim is sent by the claimant to the defendant. It provides details of the accident and invites the defendant to propose compensation procedures. This letter needs to be served to the defendant within 2 months of the accident.
  • The date of knowledge is the date on which the plaintiff discovered they were injured. This may be the same date as the accident, however some injuries may take some time to develop. Claims must be made within 2 years of the date of knowledge. This 2 year period is called the statute of limitations. If you do not file your claim within this period, you will be statute barred, meaning you are prohibited from raising a claim.
  • If you are making a personal injury claim, you will likely be required to submit a medical report from your GP or the medical practitioner who treated your injury.

What are the most common types of personal injury claims?

According to the PIAB Annual Report 2021, 18% of personal injury claims were public liability claims, 13% were employers liability, and 69% were motor liability. (Source)

Road Accidents*

Road accidents claims* pertain to any type of injury sustained on the road by road users including motorists, cyclists, and pedestrians. Accidents include: 

  • Car accidents*
  • Pedestrian accidents*
  • Rear-end or side-impact collisions*
  • Bicycle accidents*
  • Motorcycle accidents*
  • Accidents due to poorly maintained roads*
  • Bus accidents*
  • Hit and run Accidents*
  • Accidents on the motorway*
  • Passenger accidents*

Work Accidents*

Employers have a duty of care to their employees. If employees sustain an injury in the workplace due to the employer’s failure to fulfil this duty of care, the employee may raise a work accident* claim, also known as an employer liability* claim.

These may include:

  • Construction site accidents*
  • Farm accidents*
  • Dangerous or faulty machinery accidents*  
  • Health and safety violations*
  • Accidents caused by poor lighting*
  • Ladder accidents*
  • Repetitive strain injuries*
  • Faulty personal protective equipment*
  • Manual handling injuries*

Public Claims*

Property and business owners, councils, and government bodies have a responsibility to ensure that any public space that they own is safe for public use.

If someone is involved in an accident in one of these spaces and sustains an injury because the area was not fit for public use, they would have grounds to raise a public claim.

Common public accident* claims include:

  • Slips, trips and falls in public places*
  • Car park accidents*
  • Accidents caused by a poorly maintained footpath, public park or a hazardous public space*
  • Food poisoning from a restaurant*
  • Accidents caused by spillages or wet floors*

Common causes of these kinds of accidents include:

  • Damaged pavements/footpaths
  • Untreated roads, footpaths, cycle paths during winter
  • Failure to display ‘wet floor’ signs in supermarkets
  • Tripping over 

Exceptions to the PIAB process

There are a couple of exceptions to the PIAB emit to assess all Personal Injuries* Actions.

For exclusive psychological or psychiatric injuries, the Board will not assess such claims. However, where there is a psychological or psychiatric element to a personal injury claim, it is often the case that the Board will proceed to make an assessment in this matter.

At Martin A. Harvey & Co. Solicitors, we have been helping people for decades to navigate personal injury* claims. If you 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)

Unfair Dismissals: An Employer’s Guide

Posted on by Dyjaho_Admin

As an employer, it’s essential to stay informed on employment law. You should know both how to protect yourself against unfair dismissal claims, and what to do if you are faced with one.

Under the Unfair Dismissals Acts 1977-2015, if an employee feels that they have been unfairly dismissed, with or without notice, they may seek redress by initiating a complaint to the Workplace Relations Commission.

As the employer, it will be your responsibility to provide proof that the dismissal was procedurally fair and occurred for fair reasons, namely one or more of the following:

  • The employee’s ability, competence, and/or qualifications for their role
  • The employee’s conduct
  • Redundancy (however, if an employee was unfairly selected for redundancy they may raise an unfair dismissal claim)
  • Gross misconduct, for example assault or stealing
  • If continuing the employee’s contract would infringe on a statutory requirement
  • Or ‘other substantial grounds for dismissal’

(Source)

There are several reasons which would be considered automatically unfair grounds for dismissal, including race, age, or sexual orientation. Read part 1 of this blog post for a full list of these reasons.

Following Fair Procedures

Whether the grounds for dismissal are considered fair or not, you must also have followed the principles of natural justice and fair procedures in dismissing the employee. For example, the employee must have been provided with details of the complaints against them, and they must be allowed to respond to same. (Source) Read the WRC’s Code of Practice on Grievance and Disciplinary Procedures for a full rundown of your requirements in relation to natural justice and fair procedures.

What Would be Required if The Claim is Approved?

The most common form of redress in the case of an unfair dismissal is monetary compensation. Usually, the maximum compensation the employee can receive is up to two years’ losses of earnings. If the employee was dismissed due to a protected disclosure, they can receive up to five years’ salary. (Source)

The employee may also have their previous role reinstated, either with or without financial compensation for loss of earnings during the period between the dismissal and the hearing. However, these two outcomes are less frequently awarded. (Source)

Have You Been Faced With an Unfair Dismissal Claim?

Our team has the expertise necessary to assist you through every step of the process.

Contact us on 021 496 3400 freephone or email us at maharvey@martinharvey.ie and we would be happy to help.

Unfairly Dismissed? What You Need to Know

Posted on by Dyjaho_Admin

If you feel that you’ve been unfairly dismissed, you may be wondering what your rights are, whether you are eligible to submit a complaint, and who to contact.

To help shed some light on a complicated situation, we’ve compiled an overview of what you need to know and do if you think you have been unfairly dismissed.

What are the Criteria for Unfair Dismissal?

The Unfair Dismissals Acts 1977-2015  is the key legislation in Ireland regarding unfair dismissals. According to the acts, your dismissal would be automatically considered unfair if you were dismissed for any of the following reasons:

  • Trade union membership,
  • Religious or political views,
  • Race, sexual orientation, age, or membership of the Travelling community,
  • Pregnancy, giving birth, or breastfeeding,
  • Taking maternity leave, paternity leave, parental leave, parent’s leave, adoptive leave, force majeure leave, or carer’s leave,
  • Unfair selection for redundancy,
  • Your disclosure of ‘wrongdoing at work’ under the Protected Disclosures Act 2014,

(Source)

  • Acting as a party or witness for legal proceedings against your employer.

(Source)

A dismissal may also be considered unfair if an employee has been dismissed without substantial reason or if natural justice and fair procedures have not been applied and followed regarding the dismissal. 

What are My Rights if I’ve Been Unfairly Dismissed?

The unfair dismissals legislation will not prevent your dismissal. Rather, it gives you the right to make a complaint once it has happened. (Source)

Once you’ve issued a complaint, the burden of proof lies with your employer, and they must prove that your dismissal was fair. 

What Should I Do if I Think I’ve Been Dismissed Unfairly? 

Contact a solicitor, who can provide you with legal advice and represent you at case hearings.

To raise your complaint, a Workplace Relations Complaint Form needs to be submitted to the Workplace Relations Commission as a first step.

How do I Know if I’m Eligible to Submit a Complaint?

Be aware that there are certain eligibility criteria in order to proceed with an unfair dismissal complaint against your employer:

  • You must lodge the complaint with the Workplace Relations Commission within 6 months of the date of termination of employment. 

There are also several reasons why the unfair dismissals act may not apply to you, including being a member of the Defence Forces or the Gardaì.

Do You Think You Have Been Unfairly Dismissed?

The subject of unfair dismissals is complex. You want to be guaranteed that your rights are being upheld and that you receive adequate redress. 

At Martin A. Harvey & Co. Solicitors, our experienced team can provide you with advice and guide you through the entire process.

Contact us on (021) 496 3400 freephone or email us at maharvey@martinharvey.ie and we would be happy to help.

Protect Your Legacy: What You Need to Know About Planning A Will

Posted on by Dyjaho_Admin

It’s a subject that many people would rather avoid. However, preparing and executing your will is an important consideration so that you can ensure your legacy is dealt with as you intend. While it may seem morbid to think about, having your affairs in order will ultimately save your next of kin extra time and stress.

How Do I Put a Will in Place?

Your will can be drafted by a solicitor, or you can write it yourself. The benefit of getting a solicitor’s assistance is that you will be assured that your will is legally valid. Your solicitor can also act as the executor of your will, if you wish.

The criteria for a valid will are:

  • It is in writing;
  • The person making the will (known as the testator) is over 18;
  • The testator is of sound mind, i.e. they must have the capacity to decide what to do regarding their will, and they must be able to understand what they are doing;
  • The will is signed or marked by the testator affirming that they have done so with two witnesses present;
  • This signature or mark is placed at the end of the will;
  • The two witnesses also sign the will, and neither of them receive anything in the will.

There is no prescribed format that you must adhere to when making your will, but it must include several items of information, including:

  • Your name and address;
  • Your statement confirming that you renounce any previous wills or codicils (changes that you may have made to your will);
  • Details of one or more executors, who will be responsible for ensuring that the stipulations in your will are implemented after your death.

You can also include a residuary clause, which details what should happen to any of your assets that are not accounted for in your will.

Can I Change My Will After I’ve Made It?

Once your will has been made, you may want to make amendments due to, for example, changes to your assets or relationships. To do this, you can add what’s called a codicil to your will. A codicil is a separate document that contains information of the change you would like to make. However, if you want to make a lot of changes it may be easier to revoke your will and make a new one.

What if I Don’t Make a Will?

Having a will in place is the only way to ensure that your affairs are delegated as you wish after you die. If you don’t have a will, your estate will be dealt with according to the laws of intestacy. The law of intestacy provides that your estate will be distributed based on your relationship with the beneficiaries.

For such a delicate and complex issue, seeking professional advice is highly recommended.

We have the expertise and experience to guide you through wills and probate issues, whether you are an individual seeking peace of mind in regard to your personal affairs and the distribution of your assets following death or an executor tasked with putting the provisions of a deceased person’s will into operation.

Our team at Martin A. Harvey & Co., Solicitors will assist you throughout the process from initial consultation, extraction of grant of probate and finally distribution of the estate.To arrange for a consultation, please contact our team here.

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.
Accept
Reject
Cookie Policy