Sick Pay Entitlements

If you cannot return to work after an injury, the financial implications can be very severe. However, you may be entitled to claim for sick pay following an accident at work.

Employers and employees pay Pay-Related Social Insurance (PRSI) to cover social welfare entitlements such as illness benefit. If you are an employee who is out of work due to an injury, you may be able to claim sick pay under the scheme. Employers have no legal obligation to  pay you while you are on sick leave. However, they can choose to pay some or all of your wages while you are on sick leave. However, this payment is at their own discretion. Employers who do provide sick pay will often require the injured employee to make a claim to the Department of Social Protection for a benefit (Illness/Disablement/Supplementary Welfare Allowance) and ask for this benefit to be paid to them for as long as you are on sick pay. Check the terms of your contract of employment for sick pay provisions or details of an occupational sick pay scheme.

If you are claiming compensation for an accident at work, you may be required to repay the sick pay you received. You should also remember that an employer’s decision to continue paying an employee who is out sick from work due to a work-related injury is not considered an admission of liability by the employer.

If your employer does not pay sick leave, and you bring a claim for compensation following an accident at work, you can include your loss of earnings in your claim. Your employer will have to certify your loss of earnings. Furthermore, all medical certificates should be submitted to your employer and copies given to your solicitor as part of your claim. 

If you succeed in your claim for injuries, you will be compensated for the loss of earnings. As soon as you are certified to return to work, you should do so to avoid any further loss of earnings.

You may take legal action after  you have been involved in an accident or injured because of somebody else’s actions or negligence*.

Personal injury claims generally involve:

  • A plaintiff or claimant  – this is the person making the claim (you).
  • A defendant – the person(s) you are making the claim against.
  • Your solicitor 
  • PIAB – Personal Injury Assessment Board (often called the Injuries Board). PIAB assesses most  personal injury claims before any further steps are considered.

What Are the Common Injuries Sustained In Accidents?

For every type of accident, whether a car crash, a slip and fall, or a product related injury, there is a wide array of injury types that can occur. Every part of the body is susceptible to different forms of injury and the forces applied upon the body when an accident occurs will dictate the kind of injury as well as the severity.

As a personal injury law firm with over 50 years experience representing injured parties Ireland we understand the nature of various types of injuries. We are able to articulate the effects they have on a client’s life, and the types of medical care required, in the context of a personal injury case.

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2-4 Ely Place, Dublin 2, D02 FR58


Bishopsgate, Henry Street, Limerick, V94 K5R6


1A South Mall, Cork, T12 PV44

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We are an award winning, client-oriented law firm in Dublin, Limerick and Cork. Our solicitors provide comprehensive legal advice in an approachable and caring manner. Most of us will require a solicitor at some time in our lives. When the time comes that you do require legal support you will want to be sure that you are dealing with professionals who will work quickly and efficiently to help you. So whether you need help writing a Will, you have been in an accident, suffered an injury or illness that was not your fault, or you are looking at divorce options, we can offer clear guidance and representation to assist you in obtaining the optimum result.

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