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Fall in work Not Employer's fault - medical expenses

  • 05-08-2013 1:49am
    #1
    Soby
    Registered Users, Registered Users 2 Posts: 5,977 ✭✭✭


    If you have a accident at work where you just lose your balance or whatever and have no grounds to sue ( or didn't want to and accepted it was no fault of your employer) do they still cover medical expenses because it happens at work or would that be part of a claim. Like is it written in stone a employee has to pay medical expenses either way once it wasn't from a accident doing something you shouldn't


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    It would be part of the claim.


  • #3
    meathstevie
    Registered Users, Registered Users 2 Posts: 4,772 ✭✭✭meathstevie


    There is no immedeate necessity to start running to a solicitor and trying to claim damages. I take it that your employer is aware of the situation and knows that an accident has occurred in work so if I were you I'd raise the subject of your medical bills with the owner/management and see what sort of an agreement you can sort out between yourselves without formal legal proceedings as nobody wins long term in that situation.


  • #4
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    meathstevie wrote: »
    There is no immedeate necessity to start running to a solicitor and trying to claim damages. I take it that your employer is aware of the situation and knows that an accident has occurred in work so if I were you I'd raise the subject of your medical bills with the owner/management and see what sort of an agreement you can sort out between yourselves without formal legal proceedings as nobody wins long term in that situation.

    From the OP "where you just lose your balance or whatever and have no grounds to sue ( or didn't want to and accepted it was no fault of your employer)"

    So the question is in a situation where there is no negligence, can an employee get medical expenses? I would say no unless the employer has some insurance to cover this for his employees, so ask HR to see if there is any scheme.

    As an aside just because a person does not believe there is negligance does not mean there is not.


  • #5
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    infosys wrote: »

    As an aside just because a person does not believe there is negligance does not mean there is not.

    True enough.

    That said, we would be dealing with the Occupier's Liability Act and it would probably boil down to whether there was any reasonably foreseeable circumstance whereby the employers duty would have been breached here. That's hard to see when someone simply lost their balance.


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