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No win No fee

  • 11-12-2015 3:08pm
    #1
    wildcatares22
    Closed Accounts Posts: 129 ✭✭


    Hello, just wondering if an employee takes a work related injury case against his/her employer and looses the case, does he/she have costs to pay or does "no win no fee" mean exactly that?
    Assume the employee has already gone through the injuries board and been given the go ahead for court action.
    Thanks.


Comments

  • #2
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,805 ✭✭✭GerardKeating


    wildcatares22 wrote: »
    Hello, just wondering if an employee takes a work related injury case against his/her employer and looses the case, does he/she have costs to pay or does "no win no fee" mean exactly that?
    Assume the employee has already gone through the injuries board and been given the go ahead for court action.
    Thanks.
    "

    "No Win, No Fee" can mean you do not have to pay "yours" legal fees, but you might have to pay the other sides costs if you lose.


  • #3
    ComfortKid
    Banned (with Prison Access) Posts: 2,169 ✭✭✭ComfortKid


    wildcatares22 wrote:
    Hello, just wondering if an employee takes a work related injury case against his/her employer and looses the case, does he/she have costs to pay or does "no win no fee" mean exactly that? Assume the employee has already gone through the injuries board and been given the go ahead for court action. Thanks.


    Do the injuries board offer you an amount of compensation or what exactly is their purpose?


  • #4
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    ComfortKid wrote: »
    Do the injuries board offer you an amount of compensation or what exactly is their purpose?

    The injuries board determines how much compensation they believe is due, if any. Either side can agree with it and pay/receive it, or refuse and go to court.


  • #5
    mattaiuseire
    Banned (with Prison Access) Posts: 295 ✭✭mattaiuseire


    It's unlikely your case would be taken on unless the lawyers are ultra confident they will get a result.


  • #6
    Mr.Carter
    Banned (with Prison Access) Posts: 209 ✭✭Mr.Carter


    You will need a specialist employment law Solicitorfor a case against a company. They will never take your case on a 'no win, no fee' basis.....that's if you want a chance of winning.


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  • #7
    The_Minister
    Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    Mr.Carter wrote: »
    You will need a specialist employment law Solicitorfor a case against a company. They will never take your case on a 'no win, no fee' basis.....that's if you want a chance of winning.

    No, you don't.

    He's suing for a workplace injury, which is, barring certain occupational statutes, just a normal branch of PI

    PI is normally no win no fee so long as there is a good chance of success

    (Citation: Do both employment and PI)


  • #8
    The_Minister
    Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    wildcatares22 wrote: »
    Hello, just wondering if an employee takes a work related injury case against his/her employer and looses the case, does he/she have costs to pay or does "no win no fee" mean exactly that?
    Assume the employee has already gone through the injuries board and been given the go ahead for court action.
    Thanks.

    You don't have to pay your own costs, but may still be liable for your employers.
    Your solicitor should have explained that to you, or given you a letter explaining same.


  • #9
    wildcatares22
    Closed Accounts Posts: 129 ✭✭wildcatares22


    Thanks for your info, hoping they might just do the decent thing and pay my med expences for the operation involved as a result of the injury as I've gone over the two years so am statute barred or something like that. anyway thanks for replies.


  • #10
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #11
    The_Minister
    Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    wildcatares22 wrote: »
    Thanks for your info, hoping they might just do the decent thing and pay my med expences for the operation involved as a result of the injury as I've gone over the two years so am statute barred or something like that. anyway thanks for replies.

    Ah. No monies for you then.


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  • #12
    wildcatares22
    Closed Accounts Posts: 129 ✭✭wildcatares22


    Yep, it was never about the money which is why I let it drag on so long. They're a big national company and I thought if I let them away with the hassle of legal action then they'd do right by me when I went out for the operation, but now 12 weeks with no wages and paying my own medical I can honestly say I've learnt a valuable lesson about employers.
    Anyhow, head down and bulldoze onwards.
    Thanks again for replying.


  • #13
    wildcatares22
    Closed Accounts Posts: 129 ✭✭wildcatares22


    Yep, it was never about the money which is why I let it drag on so long. They're a big national company and I thought if I let them away with the hassle of legal action then they'd do right by me when I went out for the operation, but now 12 weeks with no wages and paying my own medical I can honestly say I've learnt a valuable lesson about employers.
    Anyhow, head down and bulldoze onwards.
    Thanks again for replying.


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