Can I claim work equipment injury compensation if I am receiving sick pay from my employer?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
Question:
Can I claim work equipment injury compensation if I am receiving sick pay from my employer?
Answer:
If you have been injured at work in an accident which was caused by faulty work equipment, it is your legal right to make a work equipment injury compensation claim. Receiving sick pay does not affect your legal right to make a claim for compensation although it will affect the amount of work equipment injury compensation you are entitled to claim.
A claim for work equipment injury compensation is split into general damages and special damages, and it is the latter claim which will be affected by the sick pay you are receiving. Special damages are concerned with out of pocket expenses, loss of income, medical costs incurred by injuries, transportation costs and other expenses necessitated by the accident and injuries sustained.
If you are receiving partial sick pay or there is any discrepancy between what you would have earned and what you are paid, you are entitled to reclaim the difference. If you are receiving full sick pay and your salary is being paid until such time that you can return to work, your work equipment injury compensation claim will not include loss of earnings. However if your injury has prevented you from earning additional money – such as from a second job – this can be included in a claim for Special Damages. Loss of overtime earnings and also be included. In such cases you will need to establish that the opportunity to earn additional income existed, that you would have able to continue earning extra income and that you have a history of additional earnings over the months preceding your injury.
A work equipment injury compensation claim should also be filed for general damages. General damages are concerned with providing recompense for pain, suffering and any loss of amenity you have suffered due to your injury. A claim for general damages for a work equipment injury can involve a considerable award of general damages due to the level of pain and loss of amenity suffered during recovery. General damages should also factor in any long term health problems which may result from your injury.
Calculating the appropriate amount of work equipment injury compensation can be highly complicated, and while the Injuries Board Ireland will assess the claim value, only by using a personal injury solicitor are you likely to be able to claim your full entitlement to compensation for a work equipment injury.