Accident at work

RaduI

Hey guys,

I've got a problem and I would need some opinions/suggestions

Couple of days ago I got injure at work (I cut myself, a tendon and one nerve to my finger), I got a surgery and now for atleast 6 weeks I will not be able to work. My questions are:

1 - does my employer have to give me sick pay ? The accident happened because i wasnt paying attention, but still it happened at work ... I was told that I will not get any sick pay from them...
2 - I was to social welfare, asked for a form to fill it out and I was told that I have to go to the hospital that did the surgery on me and ask them to give me one, is that normal?
3 - when i went to emergency (i had to wait 10 hours to see a doctor) I had to pay a 100 euro fee, will i get those money back from social?
4 - do you know after i will the form for social, after how long i will get the money and how much? im asking because rent is due on the 1st of next month and I kinda need the money.

If it helps you guys understand better, i've been working legaly, paying tax and everything for the last year now.

Thanks for your time

Stheno

1. No your employer does not have to pay you, see 2.
2. You need to get a social welfare cert from your doctor/hospital, fill it in and send it off as per the instructions on the form.
3. No social welfare will not refund you the €100
4. Usually the social welfare people dealing with claims for illness benefit turn them around quite quickly, for each week you are off sick, you will need to send in a new cert that your doctor can give you.

RaduI

Hi Stheno,

Thank you very much for your time!

One more question though, would you know how much it would be per week ?

Thanks again

blackbox

Your employer does not have to pay you sick pay unless this is part of your employment contract.

However, even though you were at least partly to blame, your employer is obliged to provide a safe place to work with safe systems of work. This will include providing safety knives, protective clothing (e.g. cut resistant gloves) and training and supervision. - i.e. most likely your employer has some liability for the accident.

Your best course of action would be to get legal advice. If you have a union representative he/she may be able to give you some initial advice. I think there is some sort of tribunal for this kind of thing to keep down legal costs.

I don't think you are likely to get a bonanza, but at least you should not be out of pocket.

Stheno

RaduI wrote: »

Hi Stheno,

Thank you very much for your time!

One more question though, would you know how much it would be per week ?

Thanks again

It depends on how much you earn, see this link for more details

The maximum is €188 per week

Mrs OBumble

If you are concerned that you may run out of money before social wefare comes through, then you need to see your community welfare officer - ask at the welfare office where to find them, and what hours they work.

Tigger

If you cut yourself at work you should look into a claim against their insurance

d9oiu2wk07blr5

Stheno wrote: »

1. No your employer does not have to pay you, see 2.
2. You need to get a social welfare cert from your doctor/hospital, fill it in and send it off as per the instructions on the form.
3. No social welfare will not refund you the €100
4. Usually the social welfare people dealing with claims for illness benefit turn them around quite quickly, for each week you are off sick, you will need to send in a new cert that your doctor can give you.

Wrong, A&E charges are part of medical care and they are refunded under the scheme below.

OP you also need to make an application for injury benefit, and your employer should have filled in an accident form and made a formal notification of the accident to the health and safety authority once you're out for more than three days.

http://www.welfare.ie/en/Pages/Occupational-Injuries-Benefit---Medical-Care-under-the-Occup.aspx

http://www.welfare.ie/en/Pages/injurybenefit.aspx

RaduI

Just an update, i was told by the manager that i will not be paid by them as in the contract (that i did not signed) it says that i am not entitled to sick pay. i emailed the owner, he said that i will get sick pay but not from them, from social welfare. i have a meeting with him tomorrow morning and i will see what he says about this. as far as i know, they didnt submit my accident anywere.

@ whattow: tomorrow im going to my GP to get the MC1 form and submited to social welfare, is the injury benefit something different than the MC1 thing? How should i procees in getting my 100 euro fee back plus the bill that is due to come from the hospital for my surgery?

Many thanks for all of you for taking the time to explain how and what to do, if it wasnt for you I would have probably stay home and dont get any income for the 6 weeks i am not fit to work

garancafan

Ask your employer for a copy of the report he made (as he is obliged to) to the Health and Safety Authority. This may help you in your dealings with Social Welfare.

RaduI

grafcan, i doubt that he reported the incident or that he will report it ... Is anyone able to tell me if injury benefit is different from sick pay ? and if it is, can I apply for both ?

wmpdd3

No, its one or the other, it depends on how long you will be out. you'll be doing certs week by week either way.

I had never heard of the medical care thing, but here the form:

http://www.welfare.ie/en/pdf/c1.pdf

You send it here:

http://www.welfare.ie/en/downloads/sw34.pdf

You only get it if you have enough PRSI contributions.

d9oiu2wk07blr5

RaduI wrote: »

Just an update, i was told by the manager that i will not be paid by them as in the contract (that i did not signed) it says that i am not entitled to sick pay. i emailed the owner, he said that i will get sick pay but not from them, from social welfare. i have a meeting with him tomorrow morning and i will see what he says about this. as far as i know, they didnt submit my accident anywere.

@ whattow: tomorrow im going to my GP to get the MC1 form and submited to social welfare, is the injury benefit something different than the MC1 thing? How should i procees in getting my 100 euro fee back plus the bill that is due to come from the hospital for my surgery?

Many thanks for all of you for taking the time to explain how and what to do, if it wasnt for you I would have probably stay home and dont get any income for the 6 weeks i am not fit to work

MC1 is the primary medical certificate which covers both Illness Benefit and Injury Benefit is the payment for occupational injury benefit cases. You'll have to get intermediate certs until such time that you're fit to return to work and get a final cert from your GP. From what I recall, you'll have to get your employer to fill out the details officially verifying the accident at work on the MC1 form. Just as a side note, the employer has a statutory obligation to report all accidents in the workplace that results in 3+ days off work to the H&S authority. I'd also ask him/her for a copy of the incident form that he/she should have completed after you sustained the injury and get it for your own records.

Under the occupational injuries scheme you're also entitled to claim medical care which covers any expenses for treatment that are not met under the provisions of the health acts. That would include A&E, in-patient or day charges, GP fees, medications, dressings, travel to and from the place of treatment and any appliances that you may need. You will need to fill out the form C1 and return it enclosing all the original receipts to the departmental section in order to get a refund. It goes without saying that you'll need to keep very good records of all expenses that you incur. Photocopy everything including the receipts and the forms before you submit them in to the Dept.

http://www.welfare.ie/en/pdf/c1.pdf

There's also another benefit called disablement benefit which you may be entitled to if the nature of the injury causes you to have a permanent disablement.

http://www.welfare.ie/en/Pages/Occupational-Injuries-Benefit---Disablement-Benefit.aspx

http://www.welfare.ie/en/Pages/Disablement-Benefit---SW-31.aspx

It's also helpful to start a lever arch folder, keeping chronological track of all expenses that you incur, much easier on you in the end. Another thing that may be helpful is to write out what happened re: the accident while it's still fresh in your own head, and keep it somewhere for your own records.

Hope you have a speedy recovery.

McCrack

Contact a personal injury solicitor for professional advice re potential for taking a case.

d9oiu2wk07blr5

I wouldn't lawyer up just yet. The OP's immediate priority should be on getting better. Once that happens and he establishes the long-term prognosis, you're in a much better position to decide what course of action that he may need to take, if anything at all.

McCrack

Graham Bitter Cocktail wrote: »

I wouldn't lawyer up just yet. The OP's immediate priority should be on getting better. Once that happens and he establishes the long-term prognosis, you're in a much better position to decide what course of action that he may need to take, if anything at all.

If there is prospect of a claim of negligence the Injuries Board process takes up to 9 months to complete. Thereafter if proceedings are issued you're looking at anything from 1-3 years to get the matter settled or heard in a court.

No time like the present.