We sometimes advise clients on unfair dismissal compensation following an accident at work. This is quite rare, however, the following advice may be applicable to your circumstances.
Could my employer sack me for bringing a claim for compensation?
If your employer was foolish enough to dismiss you for nothing more than exercising your legal right to be compensated for the pain and suffering which was caused by their negligence, the number of claims you would have against your employer would automatically double to having both a personal injury claim coupled with a claim for unfair dismissal.
What’s more, unlike a compensation claim for an injury at work – where it’s up to you to prove that your employer was in the wrong – your dismissal will be presumed to be unfair in the eyes of the law unless your employer can show substantial grounds to justify it.
Irish unfair dismissal legislation specifically provides that a dismissal will be deemed to be unfair where it is shown that it resulted wholly or mainly from the bringing of legal proceedings against an employer by an employee.
Therefore if you were to be sacked after making a claim in relation to an accident at work, in addition to being entitled to damages for pain and suffering, loss of earnings, the costs of all medical treatments and all other expenses associated with your injuries, you would also be entitled to the remedies available under the unfair dismissal legislation which include:-
- reinstatement, meaning that you would be treated as if you had never been dismissed and you would be entitled to recover all earnings from the date of your dismissal to the date of your return to work; or
- compensation of up to a maximum of the equivalent of two years’ pay.
Thankfully, because Irish employment legislation provides such strong protections against workers being punished for vindicating their legal rights, it’s virtually unheard of for an employer to sack an employee for bringing a compensation claim relating to an accident at work.
Unfair Dismissal Compensation Claims *
If you have any questions relating to unfair dismissal compensation following an accident in the workplace, our live chat operator is available to help you with any queries you may have at any time or, you can just give us a call on our nationwide Local number 1890 390 555 during office hours. Our unfair dismissal compensation claims * solicitors are based at our offices in Dublin and Cork, however, we assist people across the country from Limerick to Galway.
If you would prefer, we can call you, just click the Request a Callback on the right, leave your number and we’ll call you back at a time that is convenient for you. Finally, if you just wish to send us a confidential message, click the Send Us a Message Button on the right.
Get A Free Copy Of Our Work Place Accidents Guide *
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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Flor McCarthy is one of Ireland’s leading lawyers, certified by the Law Society of Ireland in Data Protection Practice. He was chosen as Munster Solicitor of the Year at the Irish Law Awards in 2018. Flor completed his Masters degree in law at University College Dublin. [Read More]
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John specialises in personal injury and medical negligence claims. His practice focuses on high value compensation cases. He has extensive experience in this area of litigation for over 10 years. John has acted in a wide variety of personal injury, wrongful death, property damage, medical negligence, defective product, professional negligence and judicial. [Read More]