occupational injury help

pokerface_me

Hi folks just looking for a small bit of help, i broke my leg in work on Tuesday a plain and simple accident. I have 3 small kids and am married, my wife is currently out sick with post natal depression and was only working part-time. She recieves 126 euro a week. I don't think my job is going to pay me and i'm unsure what to do. I'm 31 never been on dole luckily and have full stamps and prsi paid.

Any help with entitlements would be great as i'm a complete novice when it comes to welfare. Thanks and any questions please feel free to ask.

PCPhoto

bit of a stupid question but - how did you break your leg ? ....

Do you want to sue your boss - if so this could be bad for your relationship with your employer further down the line (assuming you will stay working with your current employer)

is there any chance of negligence/liability on your employer ?

Leper

You will get a form (Social Welfare Cert) from your GP. Fill it in, it is quite long. But, each week after the first the next form is simple to complete. About €200 per week will be paid to you after the first 3 days of sick absence. Saturdays are counted so remember while on SW you are on a 6 day week

Leper

You broke your leg in an accident at work. You dont know if this injury will come back to haunt you in your old age. I think it prudent that you should take some legal advice.

If your employer is found to be negligent you could be in for around compensation of around €15000.00. Legally, your employer cannot hold any claim win against you. Remember, it will be the insurance company that pays out. Your employer will suffer nothing other than an increase in the insurance premium.

It is a costly process to claim. You will have to pay legal, medical, consultant fees. But, if you were hard done by, then you must be compensated.

pokerface_me

Haven't thought of claiming and most probably won't, accident was there fault something fell on me. Thought i'd be entilted to more than 200 euro, 3 kids and myself surely that can't be right, even though my wife claims for herself.

No way on earth i could keep the house going on 200 euro would barely feed the family for the week never mind household bills and other bits and pieces. That can't be right a single fella on his own gets that?????????/

Leper

Now ain't the time to get windy. Talk to a solicitor. The longer this goes on the more you will depend on the €196.00 per week. If the company is to blame, then all you gotta do is Claim.

pokerface_me

Leper i don't understand you, because i broke my leg its automatically a claim in your book, i actually value my job and relationship with my employer and don't want to ruin it through greed. I was unlucky and broke my leg, if the Doctors say there will be problems in the future then i might assess the situation, but till then its not a claim or anything of the sort.

Anyone any ideas on entiltiements, can't get to welfare office because of crutches and they are not answering the fone, which is strange i thought it would be part of your job. Thanks for all the help so far, no more advice on claiming needed thanks very much.

Leper

Pokerface, you asked fofr advice and I gave it willingly. Greed is not relevant here. But, do it your way, endure what you have to and later in life it is likely that you will suffer because of your injury. Have no doubt, your employer could then inform you that you are not fit to carry the full burden of your job and of course send you out to grass. But, you want to be a hero . . . best of luck.

seanybiker

i think we all got mixed up, basically we want to know was your accident in work like one of the ads on telly now, where me man went up a ladder and fell and decided he wasnt trained on a wooden ladder.
Seriously though bud. You will find it though but it is enough to get by.

Thoie

I'm guessing you have a "moving around" job - could you ask your employer if there was any possibility of being moved to a "sitting down" job for the 6-8 weeks while it heals (if it's an uncomplicated break)? As well as the Illness Benefit, you might be eligible for the Family Income Supplement. The biggest issue is getting to and from these places with a broken leg - could your wife or a neighbour drive you?

pokerface_me

Could have sworn the title of this section was state benefits and yet everypost bar the last one has been legal advice and criticism for not running to a solicitor.

Where's the mods around here, and is there actually any state benefits advice available.

Leper why am i a hero??? I assume its something to do with not wanting to claim at the moment.

Xiney

pokerface_me wrote: »

Could have sworn the title of this section was state benefits and yet everypost bar the last one has been legal advice and criticism for not running to a solicitor.

Where's the mods around here, and is there actually any state benefits advice available.

Leper why am i a hero??? I assume its something to do with not wanting to claim at the moment.

moderators don't have time to read every single post that's posted. If you have an issue with a specific post, you should use the report post function.

PS: I am not a moderator of this forum, so you're still gonna need to report any posts you think a mod should have a look at.

pokerface_me

Xiney wrote: »

moderators don't have time to read every single post that's posted. If you have an issue with a specific post, you should use the report post function.

PS: I am not a moderator of this forum, so you're still gonna need to report any posts you think a mod should have a look at.

Another reply with no advice on state benefits. Why did you post here xiney? you are bringing the subject off topic, which is help with finding out about any wefare options available to me.

Xiney

Ok, how about we look at it this way.

You've been given advice on your entitlements to state aid, which isn't much. (It's not much for anyone)

You've said it was your employer's fault you got injured.

You were therefore advised to get a solicitor's advice, since you will likely be out of pocket over something that is your employer's fault and that his insurance would cover (seriously - employers take out insurance specifically for this kind of thing, it's called liability insurance)

You don't want to sue your employer, so fair enough. Stick to your invalidity payment or whatever it is and be out of pocket.

But thems your options. What you want to happen ain't gonna.

jor el

pokerface_me wrote: »

Could have sworn the title of this section was state benefits and yet everypost bar the last one has been legal advice and criticism for not running to a solicitor.

Lepper answered your question in the 2nd reply to this thread. I don't see what else you're looking for. That's your entitlement under Social Welfare, whether you want to accept it or not.

As for everything else, people are just trying to be helpful. If the accident was your employer's fault, then they should be paying you your full wage for the time you will have to be out of work. That's only fair. The state will not pay your full wage though.

eyesofvenus

I think what OP want's to hear is: you have a wife and kids to support? Thats no problem heres €400 p/w.

I dont think he really appreciates the situation. Maybe its a shock to the system to realise that this is how a lot of people who lost their jobs and cant get work are living. On the bread line, some even have more kids to support and bills to pay

You will get your €196 p/w and you can apply for supplements on top of that but sure its probably well off what you expect the state(they dont employ you) to give you

Rant over bb

Thoie

eyesofvenus wrote: »

I think what OP want's to hear is: you have a wife and kids to support? Thats no problem heres €400 p/w.

I don't want to put words into his mouth, but that's not how I read it at all. I broke my ankle a few years ago, and it gets tedious when one of the first things everyone says to you is "You should sue". The OP may not be of the litigious mindset that has seen insurance premiums in this country rise dramatically. A valid point was made that employers have liability insurance to cover situations like this, on the other hand sometimes accidents just happen - there doesn't always have to be someone at fault.

Back to the original question. OP you might be eligible for some help with your mortgage/rent as well, though I don't know if that will cover short terms like a broken leg. Have you had a chance to talk to HR yet?

eyesofvenus

Thoie wrote: »

I don't want to put words into his mouth, but that's not how I read it at all. I broke my ankle a few years ago, and it gets tedious when one of the first things everyone says to you is "You should sue". The OP may not be of the litigious mindset that has seen insurance premiums in this country rise dramatically. A valid point was made that employers have liability insurance to cover situations like this, on the other hand sometimes accidents just happen - there doesn't always have to be someone at fault.

Back to the original question. OP you might be eligible for some help with your mortgage/rent as well, though I don't know if that will cover short terms like a broken leg. Have you had a chance to talk to HR yet?

Im not for suing either, dont get me wrong.
But it has already been pointed out that he will get €196p/w on SW and maybe some more supplements but this did not seem to register with him.

Is it not possible for him to arrange something with his employer so that he can continue to get paid while out? Of if liable action is necessary then just claim the cost of lost wages while he was out, none of this big action or any of this crap, that hurts both business's and employer/employee relationships

Olduvai

To the OP, if you were involved in an occupational accident here's your entitlements.

You are entitled to occupational injuries benefit. Your employer should have filled out that relevant section on the illness form certifying that you did have an occupational accident. In other words, if you are claiming illness benefit you are claiming the wrong benefit.

If you had an occupational accident you can claim for all medical expenses that you have had ie. GP, any medications, any appliances, physiotherapy, conveyance to and from all places of treatment including parking and tolls, A&E charges, inpatient fees, and any other treatment that may have been prescribed.

If you suffer any loss of faculty which can be physical and mental you may qualify for disablement benefit pension award. The amount of this award would be provisional and is then re-assessed on an ongoing basis until the final award.

All this information is readily available on the DSFA website.

You need to check that your employer has reported this accident to the Health & Safety Authority as this is a statutory requirement if the accident has resulted in more than three days off work. You should write to the HSA and ask them if they received notice of this accident. Also, an accident form should have been filled in by the employer or yourself. You would need to check this out - in order to protect your entitlements in the advent that there is any adverse injuries of a long-term nature.

pokerface_me

Thanks olduvai for that reply thats exactly the kind of info i was after.

I got to the welfare today and got some answers there as well and 196 is way off the mark. I'll get 270 with the kids and my wife keeps her claim open for herself i won't interfere with her payments.

As for the claim remarks take a look at the state of the Country and don't hammer me for been honest, i appreciate my job my relationship with my employer and am grateful to have a job unlike some people who are not as lucky. Job can't afford to pay me and get a replacement worker to cover my work which has to been done,i think thats fair enough. Also due to my honesty and having no interest in ambulance chasing my employers insurance won't have to go up next year, another few quid saved to keep me and my workmates in jobs.

Thanks for your help guys, but in future i will look elsewhere unless i'm looking to sue somebody or add to the claim culture you all seem to be wrapped up in.

pokerface_me

eyesofvenus wrote: »

I think what OP want's to hear is: you have a wife and kids to support? Thats no problem heres €400 p/w.

I dont think he really appreciates the situation. Maybe its a shock to the system to realise that this is how a lot of people who lost their jobs and cant get work are living. On the bread line, some even have more kids to support and bills to pay

You will get your €196 p/w and you can apply for supplements on top of that but sure its probably well off what you expect the state(they dont employ you) to give you

Rant over bb

I've no idea what your harping on about, i never asked anyone for 400euro. As i said in the first post i'm clueless on the welfare system, didn't even know i had to get cert's each week.

Why do you mention people on the bread line and all that jazz and them having more kids than me..............wtf are you on about.......i'm looking for info on how to proceed with a claim with the welfare for an injury that happened in work???????????? Where did i say i was employed by the state??????? Are you posting on the right topic?? I pay pay related social insurace each week to cover events like this.

eyesofvenus

pokerface_me wrote: »

I've no idea what your harping on about, i never asked anyone for 400euro. As i said in the first post i'm clueless on the welfare system, didn't even know i had to get cert's each week.

Why do you mention people on the bread line and all that jazz and them having more kids than me..............wtf are you on about.......i'm looking for info on how to proceed with a claim with the welfare for an injury that happened in work???????????? Where did i say i was employed by the state??????? Are you posting on the right topic?? I pay pay related social insurace each week to cover events like this.

You made an attack on one of the guys who first replied after he was kind enough to take the time to reply to your post. You set yourself up for it, even a mod stepped in. And as for advice I cant see why it was even necessary considering you went into SW office and got the info in anyway

pokerface_me

eyesofvenus wrote: »

You made an attack on one of the guys who first replied after he was kind enough to take the time to reply to your post. You set yourself up for it, even a mod stepped in. And as for advice I cant see why it was even necessary considering you went into SW office and got the info in anyway

I wasn't expecting to get to the welfare office, one of my friends finished work early and offered to bring me, it was the only way i was going to get there on crutches as i'm ridiculas on them.

The Guy was advising me to claim and why i should do it and sure not to worry about anyone else or your job sure you'll get 15 grand as he pointed out, where does this fall nder the catergory State Benefits.??

Sorry for having a pop at you there but i really can't believe how the thread went,simple advice needed on how to proceed with the claim and what exactly to claim for, i even had pm's recommending good solicitors and how to make the injury look worse than it actually is to get more money. Can you believe it?? And people ask why this country is messed up, sure blame the polititions and the bankers but some people need to look in the mirrior.As i said before i know where to go if i decide to chase the ambulance.

billy the squid

Well you seem to have found the answers you were seeking in the end. if you havent then feel free to open a new topic. this one went off on a tangient and doesn't look likely to be coming back any time soon.

locked.