The purpose of this briefing is to give an overview of civil claims and inquests, each of which may follow a workplace accident. If an employee is injured during the course of their work and feel their employer is responsible for the accident, they may seek financial compensation. Under the Personal Injuries Assessment Board Act 2003 (as amended) before bringing a court claim, an employee must apply to the Injuries Board for an assessment of compensation.

If the accident at work has led to a death, then an inquest will be held.

Injuries Board

Introduction

The Injuries Board (the "Board") was established to carry out assessments of compensation for personal injury. Assessments by the Board are in line with those of the Courts but are, in general, delivered more quickly and at lower costs than cases pursued through the Courts.

Process

The employee must submit a claim for damages with a medical report from their treating doctor within two years from the date of the accident. Once all necessary documentation has been submitted to the Board, the limitation period is effectively frozen while the Board handles the claim.

The Board notifies the employer of the claim, and the employer has 90 days to indicate whether it consents to an assessment. The employer will be deemed to consent, unless it specifically refuses consent. Where consent is refused, the Board will issue an Authorisation which enables the employee to bring court proceedings.

If the assessment proceeds, generally speaking no further input is required from the employer until the assessment has been made. The Board usually requests the employee to attend a medical examination by a member of its independent medical panel.

Once the assessment has been made, the parties are notified of the amount. Both parties have a fixed period within which to reject the assessment, failing which it will be deemed accepted. If accepted, an Order to Pay will issue in the amount of the assessment. If any party rejects the assessment, the Board will issue an Authorisation.

Assessment

Assessment is placing a monetary value on (i) general damages (pain and suffering to date and into the future) and (ii) specific losses caused as a result of the injury, for example loss of earnings to date and into the future, medical expenses, travel expenses, care costs etc. General damages are calculated by the Board by reference to its published Book of Quantum (see www.injuriesboard.ie) which sets out the general range of compensation for a particular injury having regard to its severity and duration.

Inquests

Introduction

An inquest is a public inquiry into the circumstances surrounding a death. Under the Coroners Act 1962 (the "1962 Act"), it is held by the Coroner for the district where the death occurred, who sits with or without a jury. The purpose of the inquest is to establish the identity of the deceased and "When, Where and How" death occurred. Unlike other court proceedings, it is inquisitorial and not adversarial.

Procedure

The Coroner shall hold an inquest if he is of opinion that the death may have occurred in a violent or unnatural manner, or suddenly and from unknown causes or in a place or in circumstances which require that an inquest should be held. Where a HSA investigation or prosecution is ongoing, the full inquest will not be heard until that prosecution has concluded. This is so as not to prejudice the criminal proceedings. In that case the inquest may open to identify the deceased to enable a death cert to issue and then adjourn.

The Coroner decides who will give evidence at the inquest. For a work place fatality the witnesses are likely to include:

  • The Garda who attended the scene;
  • The person who identified the body;
  • Any witness to the accident;
  • Any doctor who attended to the deceased after the accident;
  • The pathologist who carried out the post mortem.

The Gardai gather statements for the Coroner and also ensure the attendance of witnesses at the inquest.

Generally each witness will give oral evidence (often the pathologist's report is submitted) and may then be asked questions by the Coroner and by properly interested persons such as the family of the deceased and the employer. Their evidence is recorded in a document known as a Deposition. The 1962 Act prohibits investigation of any issues of either civil or criminal liability. It is not the function of the inquest, nor is it the Coroner's role to find out the cause of the accident, or to attribute responsibility or blame.

Verdicts

At the conclusion of the inquest, the Coroner's verdict will identify the deceased, when and where they died and the cause of death. A number of verdicts are available to the Coroner, depending on the findings after a particular inquest. These include:

  • Accidental death;
  • Misadventure (the unintended outcome of an intended action);
  • Industrial disease;
  • Natural causes;
  • Open verdict;
  • Narrative verdict.

A recommendation or a rider may also be given by the Coroner or jury with a view to preventing a similar death.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.