15/05/2019 by Ciaran Rogers 0 Comments
Accident at work - Will I get paid while I am off work?
Decent employers will cover your wages, but they are not legally obliged to do so.
If you have been hurt as a result of an accident at work there is a good chance that you may have to take some time off work.
Each injury is different. If the injury is fairly minor, hopefully you will be back on your feet in a few days and back to work soon after. In other cases you could be off work for 3 years. It all depends of how serious the injury is.
There is a myth out there that in Ireland that an employer is legally obliged to pay your wages if you suffer an injury at work. This is not true at all, and we have had this conversation with clients more times than I can remember.
Nice employers will pay your wages if you are off work as a result of a personal injury in the workplace.
It is my strong view that if employers paid wages in all such cases, then there would not be half the number of accident at work cases lodged each year with the Injuries Board. Sometimes clients are in two minds about taking a case against their employer for obvious reasons. Then when the client realises that their employer has not paid their wages, the "gloves are off."
If you employer does not pay your wages this will bring some short term cashflow issues. Rent must be paid and food must be put on the table. Some clients can find themselves in a very bad way if they have no savings or family/financial support.
In some instances, injured parties are forced to seek alternative work that is less physically demanding in order to make ends meet.
There is some good news, and we can help. We cannot force an employer to pay your wages. But in the event that we are in a position to settle your case we can calculate your loss of earnings and claim these back from your employer. To do this we will need to see all wage slips for the relevant time and it should be fairly simple to calculate these losses. Loss of earnings are what are known as special damages.
In some cases a client may never be able to work at all as a result of their workplace accident personal injury. In such cases we may need to obtain reports from actuaries, accountants and vocational assessors to help calculate any future loss of earnings calculations.
These are paid ON TOP of any any claim for general damages (compensation for your injury, pain and suffering).
In the long term you will get back what you are entitled to, if it can be proven that your employer was negligent for your accident.
We assist clients who are the victims of workplace accidents all over Ireland. We have an office in Dublin City Centre and an office in Swords. But we can meet you anywhere in Ireland.
Our Dublin address is: Rogers Solicitors, 6-9 Trinity Street, Dublin 2.
Our Swords address is: Rogers Solicitors, Clonmel House, Forster Way, Swords, County Dublin.
You can call us 24/7 on 016177949.
You can text or WhatsApp us on 0858818857.