Information
The Department of Social Protection operates a scheme of benefits for people
injured or incapacitated by an accident at work or while travelling directly to
or from work. The scheme also covers those who have contracted a disease as a
result of the type of work they do. There are a number of benefits available
and there are different conditions attached to each benefit.
The benefits are as follows:
There are also death
benefits under this scheme:
- Widow's, Widower's or Surviving Civil Partner's Pension (paid at a higher
rate than the ordinary Contributory Widow's, Widower's or Surviving Civil
Partner's Pension)
- Orphan's
Pension
- Dependent
Parent's Pension
- Funeral Grant.
Injury Benefit is a weekly payment if you are unfit for work
due to the accident or disease. It can be paid for up to 26 weeks from the date
of your accident or development of the disease (not the date you apply). If you
are still unfit for work after 26 weeks you may apply for Illness Benefit or Disability Allowance.
Disablement Benefit is paid if you have a loss of physical or
mental faculty as the accident or disease. You do not have to be unfit for work
or if you are fit for work immediately after the accident you should apply
within three months of the injury or onset of the disease. You must have a
medical assessment to determine the degree of loss of faculty and the rate of
benefit is based on this. (Civil Servants insured at Class B are not eligible
for Disablement Benefit for the first 26 weeks after the date of the accident.
Half-rate benefit only is payable after this period.)
Incapacity Supplement is a weekly supplement which may be paid
if you are not eligible for Illness Benefit or another social welfare payment.
To get the supplement you must be getting Disablement Benefit and be
permanently incapable of work.
Constant Attendance Allowance is a weekly allowance which you
may be paid if you are getting Disablement Benefit and are so seriously
disabled as to need someone to help you daily at home to attend to your
personal needs.
Medical Care - If you incur medical costs as a result of your
occupational injury or disease you can claim for the cost of certain expenses
which are not already covered by the Health Service
Executive (HSE) or through the Treatment Benefit Scheme. For example,
doctor's visits and prescriptions, certain medical or surgical appliances and
their repair or replacement, dental or optical treatment, certain qualified
nursing care at home, ambulance or certain travelling expenses to hospital
(this is usually limited to the cost of public transport).
The cost of private or semi-private accommodation and treatment can
not be recouped under the Occupational Injuries Benefit
Scheme.
Death Benefits If an insured worker dies as a result of an
occupational injury or disease there are a number of benefits which may be paid
to the survivors. These benefits may also be payable to the dependants of a
person who was getting a Disablement Pension of 50% or more at the time of
his/her death, regardless of the cause of death. The benefits are Widow's,
Widower's or Surviving Civil Partner's Pension, Orphan's Pension, Dependent
Parent's Pension and Funeral Grant.
Rules
In general people in employment insurable at PRSI Class A, D, J or M are
covered in full for Occupational Injuries Benefits.
Civil servants recruited prior to April 1995 and insured at Class B may only
qualify for limited Occupational Injuries Benefits.
FÁS Trainees, people on FÁS Schemes and people over 66 who are working are
covered for Occupational Injuries Benefits.
Unlike other social insurance benefits it is not necessary to have a set
number of PRSI contributions to qualify. It is simply necessary to be in
employment which is insurable for Occupational Injuries. It is the employer and
not the employee who makes the contribution towards the Occupational Injuries
Fund.
Civil law claims for damages
If you suffer from an occupational injury or disease you may bring a civil
action for damages against your employer. The fact that you have received any
Occupational Injuries payments does not in itself mean that you will be awarded
compensation. When the civil court is assessing damages it must take into
account any Injury Benefit, Disablement Benefit and Funeral Grant paid. Other
social welfare payments are disregarded.