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Unfair Dismissal Compensation Following an Accident in the Workplace

At McCarthy + Co, we sometimes advise clients on unfair dismissal compensation following an accident at work. If you have been dismissed following an accident at work, you may find the information on this page useful to your situation. You can also contact us discreetly for advice on bringing a compensation claim.

Unfair dismissal

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.


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Useful resources

Some links relating to unfair dismissal that you may find useful.

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 1800 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 Ireland.

If you would prefer, we can call you, just leave a short message and your phone number on the callback form on this page, and we’ll call you back at a time that is convenient for you.

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About McCarthy + Co

With more than 30 years of experience in dealing with personal injury claims, McCarthy + Co. has experience bringing claims relating to a wide variety of workplace scenarios. We are a family-run business, and we pride ourselves on offering honest, impartial, and helpful advice.

Our offices are based in Dublin and Cork but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance, and assistance on any form of personal injury.

Our Awards & Accreditations

We are a multi-award winning firm, accredited by the Law Society of Ireland.

Law Firm of the Year - Irish Law Awards
Irish Law Awards 2022 - Winner of Excellence & Innovation in Client Services
Irish Law Awards 2022 - Excellence & Innovation in Client Services
Irish Law Awards 2021 - Litigation Law Firm of the Year (Munster)
Q9000 The Legal Quality Standard of Ireland
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Our Partners

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Flor McCarthy

Flor McCarthy

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Twitter: @flormccarthy LinkedIn: /in/flormccarthy/

wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.

Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy

John McCarthy

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LinkedIn: /in/johnmccarthysolicitor/

is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.

John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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