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Could I be sacked over putting in a injury at work claim

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Comments

  • Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    Even the most pessimistic figures released by those with vested interests in overstating the fraud issue go no further than speculating that suspicious (i.e. not necessarily fraudulent) claims could be as high as 12% of all claims that go to the MIBI, which is the main place you'd expect fraudulent claims to go.

    .

    Why would you expect most fraudulent claims to go via the MIBI?

    Also, I've said it many times here. If a claim cannot be proven to be fraudulent, even if it is blatantly obvious, it must be recorded in the Insurers books as legitimate


  • Registered Users, Registered Users 2 Posts: 2,346 ✭✭✭NUTLEY BOY


    This is really going to rile up the rabble but even if the employee's act is completely their own fault, 100%, categorically their fault, the employer is still liable for their injuries.

    Yes.

    No.

    The practical reality is that many employers' liability cases - especially industrial accidents - do carry something of a presumption of a strict liability attitude. Although the employee carries the burden of proof - the balance of probabilities - employers need to bowl up some pretty good rebuttal evidence to have any chance of a win.

    That said, I saw two employers' liability cases dismissed in jury trials in the last days of that grand institution :rolleyes:


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