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Work Accident

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  • 07-06-2013 10:06pm
    #1
    Dietsquirt
    Closed Accounts Posts: 676 ✭✭✭


    Folks just looking for some advice here, i had a seizure (not related to epilepsy but i did have one 6 years ago as well) in work last weekend (i work in a pub in Dublin city center), i hit my head and had to go to A&E and get 8 stitches blah blah.. The hospital sent me a bill for €100, i have quit work in the pub (after 4 months working part-time). My question is if i have to pay the fee or does my employer? it was an accident in work after all.

    I'm not trying to make a big deal here but if they are required to pay, at least i can approach them about it.

    Any help would be great, thanks

    Michael

    **The Mod from After Hours suggested my question might be better suited to this thread. I'm not looking for legal advice, just peoples opinions.
    Tagged:


«1

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    #2
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Not a mod but this is more suited to After Hours tbh.

    Did you inform your employer you had seizures in the past? If so was a risk assessment carried out? How exactly was this an accident and not a result of your own medical condition?


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    #3
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Sounds like a question that could be rephrased as:

    Q: "I had a seizure and injured myself at work. Work contract issues aside, has my employer been negligent?"

    A: Negligence would require some negligent act or omission. You didn't describe any acts or omissions by your employer at all.

    I don't have anything else relevant to say without breaching forum charter.


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    #4
    Dietsquirt
    Closed Accounts Posts: 676 ✭✭✭Dietsquirt


    That's what i thought but they closed the thread in AH straight away.
    To answer your questions:
    No i didn't inform my employer
    I don't have a medical condition per se, i had one seizure 6 years ago, and another last weekend


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    #5
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Dietsquirt wrote: »
    That's what i thought but they closed the thread in AH straight away.
    To answer your questions:
    No i didn't inform my employer
    I don't have a medical condition per se, i had one seizure 6 years ago, and another last weekend

    You've had two seizures, that's two more than most of the people I know. You need to get this looked at, you need to declare it in future; it will, unfortunately, stop you from doing a number of things.

    The Mustard has answered your question within the limits of the charter.

    Hypothetically if someone knew they had a history of seizures, said nothing about it and caused injury to someone else they could be the one on the receiving end of litigation.


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    #6
    Dietsquirt
    Closed Accounts Posts: 676 ✭✭✭Dietsquirt


    Ok grand, thanks for your input. Just seeing what people's views on this was :)


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    #7
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    A work place accident which involved a hospital visit is required to be recorded and reported to the HSA, did your employer do this......leverage;)


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    #8
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Dietsquirt wrote: »
    Ok grand, thanks for your input. Just seeing what people's views on this was :)

    The tone you might be detecting is because I think the initial question is a tad silly not because you've had a seizure / collapsed. Apologies.

    I urge you to get yourself looked as ASAP. You may have had PCS you're unaware of. I assume the hospital has you referred. I wish you all the best OP and hope it's something very minor.


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    #9
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    LowKeyReturn wrote: »
    Not a mod but this is more suited to After Hours tbh.

    Did you inform your employer you had seizures in the past? If so was a risk assessment carried out? How exactly was this an accident and not a result of your own medical condition?

    If you're clear of seizures for two years or more, there is no duty to inform anyone or company.


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    #10
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Doom wrote: »
    If you're clear of seizures for two years or more, there is no duty to inform anyone or company.

    Interesting; could you please point me in the direction of the legislation / precedent / code of practice that is authority for this assertion? I assume this would only apply in Ireland? I assume it would also not apply if a waiver asked you if you had ever suffered from seizures?


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    #11
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    LowKeyReturn wrote: »
    You've had two seizures, that's two more than most of the people I know. You need to get this looked at, you need to declare it in future; it will, unfortunately, stop you from doing a number of things.

    The Mustard has answered your question within the limits of the charter.

    Hypothetically if someone knew they had a history of seizures, said nothing about it and caused injury to someone else they could be the one on the receiving end of litigation.

    Two seizures in six years is not a history of seizures, you yourself may have had more, without even knowing it, a bad headache may be a seizure, But one thing you are right on is see a doctor soon.


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    #12
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    LowKeyReturn wrote: »
    Interesting; could you please point me in the direction of the legislation / precedent / code of practice that is authority for this assertion? I assume this would only apply in Ireland? I assume it would also not apply if a waiver asked you if you had ever suffered from seizures?

    A doctor will clear you to drive if you're 1 year free of seizures to drive a car...simple.
    You can drive a 1 ton killing machine because your doc says so.


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    #13
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    LowKeyReturn wrote: »
    Interesting; could you please point me in the direction of the legislation / precedent / code of practice that is authority for this assertion? I assume this would only apply in Ireland? I assume it would also not apply if a waiver asked you if you had ever suffered from seizures?

    Why don't you prove me wrong?


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    #14
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Doom wrote: »
    A doctor will clear you to drive if you're 1 year free of seizures to drive a car...simple.

    Okay this is a bit more specific than you mentioned before. Could you please point me in the direction of the legislation / code of practise?
    Doom wrote: »
    You can drive a 1 ton killing machine because your doc says so.

    1 Ton eh? So a Fiat 500 with a cow catcher on the front perhaps?

    So if I sign a waiver stating I've not had a seizure, say for scuba diving, I'm insured despite this being a material fact? What decision was this in please? Even a rough pointer will do I can do a bit of digging in Westlaw.
    Doom wrote: »
    Why don't you prove me wrong?

    I'm simply asking you to share your knowledge of the area to improve my legal understanding. Are you not sure of your position?


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    #15
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Okay so here's the actual legislation in relation to drivers licences

    ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS 2004

    S.I. No. 705 of 2004 .

    ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS 2004

    “(2) In the case of an applicant for a licence to drive a vehicle of any category who suffers, or has suffered in the past, from epilepsy, fitness to drive—

    (a) may be certified for a limited period in relation to vehicles of category A1, A, B, EB, M or W, where the applicant—

    (i) has not suffered any epileptic attack during the 12 month period preceding the date of medical examination,

    (ii) has only had nocturnal seizures over a period of 2 years preceding the date of medical examination, and certification is by a consultant neurologist,

    (iii) has only had a single provoked seizure and such seizure was prior to the 6 month period preceding the date of medical examination, and certification is by a consultant neurologist, or

    (iv) has only had simple partial seizures where awareness is fully maintained at all times, and certification is by a consultant neurologist and

    (b) shall not be certified in relation to vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED.”.

    ***

    Not as clear cut as you suggest. Are you going to share in relation to the other assertions?


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    #16
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Doom wrote: »
    Why don't you prove me wrong?

    Ah, the old negative proof fallacy. You don't see it in the Legal Discussion forum terribly often.


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    #17
    Dietsquirt
    Closed Accounts Posts: 676 ✭✭✭Dietsquirt


    LowKeyReturn wrote: »
    The tone you might be detecting is because I think the initial question is a tad silly not because you've had a seizure / collapsed. Apologies.

    I urge you to get yourself looked as ASAP. You may have had PCS you're unaware of. I assume the hospital has you referred. I wish you all the best OP and hope it's something very minor.

    I went to a neurologist when i had a seizure 6 years ago -> went on meds for 4 years. Going to see him again in 2 weeks.


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    #18
    Dietsquirt
    Closed Accounts Posts: 676 ✭✭✭Dietsquirt


    Doom wrote: »
    Two seizures in six years is not a history of seizures, you yourself may have had more, without even knowing it, a bad headache may be a seizure, But one thing you are right on is see a doctor soon.

    Really?? sure one would know if they had a seizure?? :confused:


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    #19
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Dietsquirt wrote: »
    Really?? sure one would know if they had a seizure?? :confused:

    Nope - I don't pretend to know much about the area but you can have them without knowing and from what Doom is saying most do go unnoticed.

    @The Mustard Thanks for that link! That's been added to the list of things to read. :)


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    #20
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    LowKeyReturn wrote: »
    @The Mustard Thanks for that link! That's been added to the list of things to read. :)

    You're welcome ProcrastaLowKeyReturn!


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    #21
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    LowKeyReturn wrote: »
    Nope - I don't pretend to know much about the area but you can have them without knowing and from what Doom is saying most do go unnoticed.

    @The Mustard Thanks for that link! That's been added to the list of things to read. :)

    Seizures, yes you can. A spinal tap can tell, or a lumbar puncture for the well informed.
    The OP has the info they came for, see you later trolls.


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    #22
    murrayp4
    Registered Users Posts: 969 ✭✭✭murrayp4


    If you have an accident in work and have incurred medical bills you may be able to reclaim a portion or all your expenses through the Occupational Injuries Scheme. Have a look here:

    http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/disability_and_illness/medical_care_scheme.html


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    #23
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Doom wrote: »
    Seizures, yes you can. A spinal tap can tell, or a lumbar puncture for the well informed.
    The OP has the info they came for, see you later trolls.

    Thanks for the expert medical opinion.

    Good luck on your trip home to Mordor. Cheerio.


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    #24
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    The Mustard wrote: »
    Thanks for the expert medical opinion.

    Good luck on your trip home to Mordor. Cheerio.

    Will he not simply walk?


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    #25
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    I see what you did there.


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    #26
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,723 Admin ✭✭✭✭✭hullaballoo


    Doom wrote: »
    A work place accident which involved a hospital visit is required to be recorded and reported to the HSA, did your employer do this......leverage;)
    Doom wrote: »
    If you're clear of seizures for two years or more, there is no duty to inform anyone or company.
    Doom wrote: »
    Two seizures in six years is not a history of seizures, you yourself may have had more, without even knowing it, a bad headache may be a seizure, But one thing you are right on is see a doctor soon.
    Doom wrote: »
    A doctor will clear you to drive if you're 1 year free of seizures to drive a car...simple.
    You can drive a 1 ton killing machine because your doc says so.
    Doom wrote: »
    Why don't you prove me wrong?
    Doom wrote: »
    Seizures, yes you can. A spinal tap can tell, or a lumbar puncture for the well informed.
    The OP has the info they came for, see you later trolls.

    Oh, dear.

    Banned. Forever.

    OP, for the love of all that is right and good in the world, please do not seek legal advice from the Internet. It's the equivalent of self-medicating based on googling your symptoms. Thread closed.


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    #27
    NoQuarter
    Registered Users Posts: 4,632 ✭✭✭NoQuarter


    The Mustard wrote: »
    You're welcome ProcrastaLowKeyReturn!

    Thought that myself a few weeks ago but for the lack of posts in PC building/upgrading!


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    #28
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    NoQuarter wrote: »
    Thought that myself a few weeks ago but for the lack of posts in PC building/upgrading!

    Evidence!


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    #29
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,723 Admin ✭✭✭✭✭hullaballoo


    The Mustard wrote: »
    You're welcome ProcrastaLowKeyReturn!
    A post rate of just over 14 posts per day can hardly be considered "low key"!

    I didn't want to out you by welcoming you back before now but since someone else has obliged, welcome back! :)


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    #30
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    I'm addicted to this place or though I did promise myself I'd be less of a w*nker this time. I'm not succeeding so far, must try harder!

    Thanks for the welcome backs :)


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    #31
    NoQuarter
    Registered Users Posts: 4,632 ✭✭✭NoQuarter


    You must have the new computer built by now so :D


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