RTA. Claim process? Dash cam footage of other party in the wrong.

punisher5112

AndrewJRenko wrote: »

The other driver's admission is not legally binding, and may indeed cause him difficulties with his own insurance, which may not be good news for those trying to claim off that insurance.

Your employer's claim for a new bus is entirely irrelevant to your claim.


The employer also has Employer's Liability insurance to cover their liability to their employees.

Yes but it all comes back to exactly what I said, the other parties insurance company will have to reimburse them for any monies given....

I've been there and done it.

AndrewJRenko

punisher5112 wrote: »

Yes but it all comes back to exactly what I said, the other parties insurance company will have to reimburse them for any monies given....

I've been there and done it.

Reimburse who? What's to stop the employee from making a claim against their employer for injuries received while at work?

punisher5112

AndrewJRenko wrote: »

Reimburse who? What's to stop the employee from making a claim against their employer for injuries received while at work?

Then they would be reimbursed by the insurance company, it's not that difficult.

She can't claim if they aren't at fault.

I was injured at work, other driver at fault, I was paid by work and when claim was settled the job was reimbursed all the money that was paid while I was out.

AndrewJRenko

punisher5112 wrote: »

Then they would be reimbursed by the insurance company, it's not that difficult.

Who is the 'they' that you're referring to here.

punisher5112 wrote: »

She can't claim if they aren't at fault.

That is generally correct. There isn't sufficient information here, or in the OP's head to confirm whether the employer may be at fault.

From https://mccarthy.ie/personal-injury/accident-at-work/ with my bolding

Not every accident that occurs in the workplace will give rise to an entitlement to be compensated. Unlike many other jurisdictions (such as, for example, the USA, Brazil and Australia), where workers’ compensation schemes provide that suffering an injury at work automatically entitles an employee to wage replacement and the cost of all medical treatments required, in Ireland the onus lies on an injured worker to prove that their accident was caused by some form of negligence or breach of statutory duty on the part of their employer.

If, for example, your employer was fully compliant with all applicable health and safety rules and standards, and you were injured in a freak accident which was completely unforeseeable, your employer would not be deemed to be at fault and you would not be entitled to damages , irrespective of how badly you have been injured.

However, it’s important to remember that while you may not be aware of any particular shortcoming on your employer’s part as having given rise to your injuries, that’s not to say that an experienced solicitor specialising in work-related injuries * claims who carries out a detailed investigation with the assistance of experts such as forensic engineers and health and safety consultants will not be in a position to pinpoint breaches of relevant legislation which could be used to ground a successful claim for compensation * on your behalf.

This means that while it’s unwise to assume that you’ll be entitled to recover damages if you’re injured at work no matter what, you should likewise never assume that you don’t have a good case just because you’re not aware of anything in particular being wrong in your work environment.

The safest course of action is always to provide all of the facts to a solicitor with expertise in work-related accidents * so that they can advise you on the strengths and weaknesses of your particular case. The sooner this is done the better to ensure that vital evidence that might be the difference between you winning or losing your case is not lost.

Obviously, that's from a solicitor who has a commercial vested interest in encouraging a claim, but the fact still stands.

punisher5112 wrote: »

I was injured at work, other driver at fault, I was paid by work and when claim was settled the job was reimbursed all the money that was paid while I was out.

That's good for new - not all employers are so decent. The OPs employer has a very short sick-pay period, so unless the employer steps up and does the decent thing, the OP could be out of pocket for considerable amounts very soon.

Eggs For Dinner

[PHP][/PHP]

AndrewJRenko wrote: »

The employer also has Employer's Liability insurance to cover their liability to their employees.

That statement is correct, but I keep asking, what the specific allegation of negligence is in this instance which would give the OP a right to take an action against his employer, making him "liable"

The fact that an employee is injured during the working day does not automatically mean the employer is liable. You need to show that the employer has breached one of the following duties

Safe system of work
Safe Location
Safe equipment
Safe colleagues

Which one applies here??

AndrewJRenko

Eggs For Dinner wrote: »

[PHP][/PHP]

That statement is correct, but I keep asking, what the specific allegation of negligence is in this instance which would give the OP a right to take an action against his employer, making him "liable"

The fact that an employee is injured during the working day does not automatically mean the employer is liable. You need to show that the employer has breached one of the following duties

Safe system of work
Safe Location
Safe equipment
Safe colleagues

Which one applies here??

And I keep saying - we don't have enough information to answer that question, either to say that the employer was or wasn't negligent in some way.

Eggs For Dinner

AndrewJRenko wrote: »

And I keep saying - we don't have enough information to answer that question, either to say that the employer was or wasn't negligent in some way.

Well one fact we do have is that this was a RTA. If the driver of the minibus the OP was travelling in was in some way responsible for the accient, it would be the appropriate motor policy that the OP would have to seek redress from, not an Employer's Liability policy as such incidents are excluded

AndrewJRenko

Eggs For Dinner wrote: »

Well one fact we do have is that this was a RTA. If the driver of the minibus the OP was travelling in was in some way responsible for the accient, it would be the appropriate motor policy that the OP would have to seek redress from, not an Employer's Liability policy as such incidents are excluded

We don't have RTAs we have RTCs. Gardai, rescue services, Road Safety Authorities don't use the word 'accident' anymore - they talk about crashes or collisions.


The word 'accident' was dreamt up by the PR industry working for the motor industry in the 1930s to sanitise the widespread mayhem that cars and trucks were causing on the road, and it stuck.


Again, we don't have anything like enough information to make judgements about liability here. What was the maintenance schedule on the bus? When was the last time the brakes were services or tyres replaced? Has the bus driver been trained or assessed recently? How do they ensure that he wasn't over the limit with a hangover before driving?


There's not enough information to judge here, so the OP shouldn't be rushing to judgement.

cuddlebutt

I am very confused. I was asking for advice. To make it clear, everything concerning the bus and the driver was above board, Doe, driver training, bus checks. All recorded, everything A1. Garda support all the above and the other driver I hear is being charged with an offence.
I am not seeking a payout from my company's insurance even tho they are footing the medical bills. They are reimbursing us come pay day. I've paid my medical bills and waiting to be reimbursed so I'm still out of pocket untill pay day. I've had to use my savings to pay doctors and a and e and now physio untill I'm reimbursed.
That's if I'm reimbursed for physio but i think i will be.
Food for thought, I've already contacted a solicitor who is acting on my behalf against the other might I add dangerous driver which had transpired they shouldn't of been driving at all and were told not to due to medication they were on. My colleague is more injured than I.
Are you saying because this incident happened in work and work seem to be looking after us for now (I don't know will they continue after the 4 weeks sick leave is up) that's to be decided. That I shouldn't claim a personal injury claim from the other driver.?

Wesser

your solicitor i assume does not have medical qualifications and is therefore not in a position to give medical advice ( i.e. to ask for an mri scan).

on the basis that your solicitior is providing medical advice which he is not qualified to do...... i would find a new solicitor.

disgraceful behaviour

cuddlebutt

Wesser wrote: »

your solicitor i assume does not have medical qualifications and is therefore not in a position to give medical advice ( i.e. to ask for an mri scan).

on the basis that your solicitior is providing medical advice which he is not qualified to do...... i would find a new solicitor.

disgraceful behaviour

I went to a different solicitor in the end who said what carrys a case is a legal medical report from the A @ E doctor

AndrewJRenko

cuddlebutt wrote: »

Are you saying because this incident happened in work and work seem to be looking after us for now (I don't know will they continue after the 4 weeks sick leave is up) that's to be decided. That I shouldn't claim a personal injury claim from the other driver.?

I'm saying you should discuss that with your solicitor.

Eggs For Dinner

cuddlebutt wrote: »

I am very confused. I was asking for advice. To make it clear, everything concerning the bus and the driver was above board, Doe, driver training, bus checks. All recorded, everything A1. Garda support all the above and the other driver I hear is being charged with an offence.
I am not seeking a payout from my company's insurance even tho they are footing the medical bills. They are reimbursing us come pay day. I've paid my medical bills and waiting to be reimbursed so I'm still out of pocket untill pay day. I've had to use my savings to pay doctors and a and e and now physio untill I'm reimbursed.
That's if I'm reimbursed for physio but i think i will be.
Food for thought, I've already contacted a solicitor who is acting on my behalf against the other might I add dangerous driver which had transpired they shouldn't of been driving at all and were told not to due to medication they were on. My colleague is more injured than I.
Are you saying because this incident happened in work and work seem to be looking after us for now (I don't know will they continue after the 4 weeks sick leave is up) that's to be decided. That I shouldn't claim a personal injury claim from the other driver.?

Your employer's only obligation to you is what you are entitled to under your contract of employment with regard to sick pay / absences. If they are paying for your medical bills etc., you have a very good employer, but they are not obliged to do it All your other expenses are recoverable from the driver of the other vehicle and your employer should be able to take an action to recover their outlay too.

Bottom line is the wrongdoer pays all the bills