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Personal Injuries Claim and Dept. of S.Protection clawback

  • 13-01-2017 9:17pm
    #1
    isnottheword
    Registered Users, Registered Users 2 Posts: 1,087 ✭✭✭


    As per the thread title, I'm curious as to how the following scenario pans out.


    The Scenario....
    You have a personal injuries claim - that leads to you being off work for X number of years...and during that time, you receive a payment from the Dept. of Social Protection.


    The claim goes one of three ways;

    1. A private settlement is reached with €X amount in general damages and €X amount in loss of earnings

    2. A private settlement is reached with €X amount in general damages and zero classified under loss of earnings.

    3. A court judgement is reached with €X amount in general damages and €X amount in loss of earnings


    Do the Dept. of Social Protection clawback monies paid out from the beneficiary in the first 2 cases with the amount agreed on in the third case - having already accounted for the amount already contributed from the public coffers?


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    MMod
    Cannot get legal advice here, but leaving it open for any general discussion of issues arising


  • #3
    isnottheword
    Registered Users, Registered Users 2 Posts: 1,087 ✭✭✭isnottheword


    Yup, I am familiar with the rules of the forum. It's a general curiosity - doesn't involve any live case - just curious as to how that all pans out based on work banter....nothing more :-)


  • #4
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    As far as I know, in all scenarios above, the dept of social protection are to be included in personal injury claims in the same way as the hospital, or health insurance companies are included. All are at a loss and would seek recovery of sums paid out by them.

    An example would be the when you visit A&E after a road traffic accident. They issue a bill, usually close top a thousand euro, but it's adjusted down if no claim is being made. If a claim is being made, they look for you to provide details of your solicitor and they put a stay on the invoice. Similarly, any health insurance invoices in relation to a PI claim are to be satisfied after settlement, usually by the solicitor.


  • #5
    Losty Dublin
    Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    All your answers are here, along with any follow up questions that you probably will ask :)

    https://www.welfare.ie/en/Pages/Recovery-of-Benefits-and-Assistance-scheme.aspx


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