Hurt while working

liger

Hi,

I have read on a couple of threads here about your employer having the right to let you go if your unable to do your job because of illness.

Is it the same if you got hurt while working? Do they still have the right to terminate your employment if the only reason your out sick is because of an injury sustained while working??

gerrycollins

it would depend on many circumstance.

has your employer admitted liablity surrounding your injury caused by working for them?

have you been given the proper and approved training to do the job you were asked to do?

were you injured throught their or your own negligence??

if you were injured because of your own fault, after they gave you the appropiate training etc then simply put they could fire you for the reason stated ie failing to fulfil your contract.

however if they failed in the responsiblity to correctly train you and provide you with the appropiate equipment to carry out your work safely then they could be held liable for wrongful dismissal based on firing you for been unfit to fulfil your contract when your injury was their fault.

Its a grey area of legal "understanding" so I would contact NREA first of all to set a date with a rights commissioner between you and your employer(should the dismissal take place).

The rights commissioner would more than likely ask your employer to provide proof of training and such records then they could make their decision based on that however both parties are allowed appeal however it is very unusal that a rights commissioner decision be reveresed.

ps are you in a union?

liger

Thanks Gerry,

One of those unusual situations where a 3rd party would be at fault not employer or employee.

All safety training up to date and done right.

I was just curious as to if an employer could let a worker go or if there was some law covering this area.

There is a union but to say they are poor is an understatement, A local rep never told me about benefits i could apply for etc, a co-worker i bumped into was able to give me more info on that!!!!

gerrycollins

how if any is the 3rd party related to your employer?

if the 3rd party has no association with your employer, they can have the option if you are unable to do the job. Might they put you working elsewhere till you recover?

if the cause of your injury causes you to be dismissed you can chase up the PIAB, personal Injuries assesement board, who can "go after" this 3rd party and who can factor in your loss of earnings due to this 3rd party been at fault

bbam

Yes I have seen a case in a multinational where an employee was injured at work, given reasonable time to recover and return but no recovery was made. After being assessed by a company doctor and deemed not to be making an effort to recover The employee was issued with a letter to return within 90 days or be terminated, employee was terminated.

these things are never cut'n dry but it's possible.

antoinolachtnai

I think the person needs to consult a solicitor urgently if he/she has not done so already. On the face of it, an injustice is being done. But it really depends on the circumstances.

liger

antoinolachtnai wrote: »

On the face of it, an injustice is being done. But it really depends on the circumstances.

Thanks for the post but nothing has been done yet. I was just asking as i have started to wonder about this and seen threads about people being let go due to illness.


And gerry while it I might be able to try claim off the 3rd party for some compo wont pay the bills for the next 40 - 50 years. I would still be in the bad prediciment of needing to find new employment.

antoinolachtnai

Your employer could have a degree of responsibility here. For a personal injury the time limits are quite tight. That is why it is important to speak to a solicitor if you have suffered a career threatening injury.

Dublin_Gunner

gerrycollins wrote: »

how if any is the 3rd party related to your employer?

if the 3rd party has no association with your employer, they can have the option if you are unable to do the job. Might they put you working elsewhere till you recover?

if the cause of your injury causes you to be dismissed you can chase up the PIAB, personal Injuries assesement board, who can "go after" this 3rd party and who can factor in your loss of earnings due to this 3rd party been at fault

If it was lets say, a piece of equipment, supplied by a third party, that failed in some catastrophic way causing the employee injuries, then yes, a 3rd party could be involved. Stop looking through blinkers. (that's only an example, I'm sure I could think of MANY more situations where injuries at work could involve contributory negligence from a TP)

If its the case, that an injury sustained is so severe as to make you unable to perform your job any longer, well then yes, you could be let go.

There are a whole bundle of procedures to follow however, and medical reports etc drawn up.

The injury however (or more directly, compensation for same) would indeed have to take into account a) severity of injury b) time off work (including any possible FUTURE time missed) c) medical costs associated with same etc etc

If the injury is indeed severe enough as to prevent you from being able to perform your duties in work for the foreseeable future, you are entitled to compensation for that time.

A claim would have to be lodged with the injuriesboard.ie (it hasn't been called 'PIAB' for quite some time). Also, the injuriesboard.ie do not 'go after' anyone. They are there merely to make assessment of the claim, i.e to ascertain what compensation your injury would warrant. They are not there to decide on liability, so if the negligent party(s) refuse(s) to accept the assessment, you would still have to bring the case to court - or at least you would have the option to.


(this post is in no way legal advice, but provision of some knowledgeable info on the subject matter).