If you are fired for making a workplace injury claim*, you may also have a claim for an unfair dismissal. Under Irish employment law, you cannot be fired for making a valid personal injury claim*.

Your employer may say they can fire you, but they cannot do so. An employer may try to intimidate you into not making a personal injury claim*, but it is illegal to threaten your job for making a compensation claim in Ireland.

Hughes & Associates Solicitors in Dublin can make your claim for unfair dismissal if you are fired for making a personal injury claim*.

Can you be dismissed for making a personal injury claim* in Ireland?

No, you cannot be dismissed for making a personal injury claim* in Ireland. If you are injured at work in an accident that was not wholly your fault, then you may have a valid compensation claim.

Bullying and intimidation are often used by an employer to scare employees off from making a personal injury claim*. In some cases, the employer does fire the employee, but they can then make an unfair dismissal claim, as well as a personal injury claim*.

A recent Health and Safety Authority (HSA) report showed that over 10,000 non-fatal workplace incidents occur in Ireland every year. Manual handling was the leading cause of serious workplace injuries, and the Health and Social Care sector accounted for 25% of total accidents. More than 680,000 days are lost to workplace injury in Ireland every year. 

A workplace injury can lead to a workplace personal injury claim* for compensation, but your employer cannot fire you for making the claim.

Hughes & Associates Solicitors, personal injury solicitors in Dublin, will be by your side when making a claim and if you make an unfair dismissal claim against an employer.

What is a workplace personal injury claim*?

A workplace personal injury claim* is the legal process you follow to get compensation for an injury in an accident at work that was not wholly your fault.

You may have a workplace personal injury claim* if you can show:

  • Your employer had a duty of care to you
  • There was a breach of that duty of care to you by the employer
  • You suffered an injury due to the breach of the duty of care
  • You suffered losses, damages, due to the injury

In a workplace injury claim, you seek compensation for damages such as:

  • Loss of income due to not being able to work
  • Expenses like medical bills and hotel stays
  • Adaptions to the home and car
  • The need for care, possibly a lifetime of care
  • Stress due to a personal injury accident
  • Pain and suffering due to the workplace accident

If you are injured due to a breach of duty of care by an employer, such as a lack of training in the workplace, you may have a compensation claim.

Your employer cannot tell you that you do not have a claim. Your solicitor also cannot threaten you with dismissal for making a workplace injury claim.

Most importantly, an employer may not fire you just because you make a personal injury claim* for the workplace accident.

Hughes & Associates Solicitors in Dublin can explain the details to you and what to do if you are fired for making a personal injury claim*.

What are the steps to making an unfair dismissal claim against an employer?

The steps to making an unfair dismissal claim against an employer for firing you for making a personal injury claim* are easy to follow.

At Hughes & Associates Solicitors, we have the years of experience in making unfair dismissal claims and in making personal injury compensation claims.

The steps to making an unfair dismissal are:

The first step is to contact a personal injury solicitor who also has expertise in making claims for unfair dismissal against an employer.

Your solicitor will know what to do and how to handle the claim for you.

You can work with the solicitor to put everything that happened to you into writing to be used as evidence when dealing with the employer.

A good solicitor will know exactly what you need and how to keep your evidence safe.

Your solicitor will contact your employer and explain exactly your side of the case. They will explain how it is illegal for them to fire you for making a personal injury in the workplace claim.

The employer can agree to re-hire you and pay you compensation, or they can dispute the claim.

If the employer disputes the facts of the case for unfair dismissal, you can then take the claim to the WRC. In Ireland, the WRC hears all workplace disputes and decides what should happen.

Your solicitor will know how to work with the WRC for you.

In rare cases, the employer may continue to fight your claim, even after the WRC has given a judgment.

If this happens, you can take the employer to court and let the judge decide the outcome of your claim.

An unfair dismissal case can take time and can be a complex issue to resolve.

Hughes & Associates Solicitors will be with you through every step and can advise you on what to do next and how best to approach the process.

What happens after the unfair dismissal hearing?

After an unfair dismissal hearing, when both sides have come to some sort of agreement, you can begin to get on with your life.

The outcomes of winning an unfair dismissal claim:

  • You can be offered your job back at the same rate of pay and status
  • You can be offered compensation of all the salary you have lost
  • You can be offered compensation of up to two years’ salary

Irish employment law is strong, and in most cases, the employee is well protected against being fired for making a personal injury compensation claim.

Hughes & Associates Solicitors know that cases of unfair dismissal do come up, and we can fight your claim if you were fired for making a workplace injury claim.

Can I make a claim for unfair dismissal and a workplace injury claim?

Yes, you can make both an unfair dismissal claim and a workplace injury claim against your employer.

You can make both claims at the same time, and it is always a good idea to make a workplace injury claim as soon as possible, when the injuries are still obvious.

A workplace personal injury claim* will go through the Injuries Resolution Board and can take time, another good reason to start the process as soon as possible.

A good personal injury solicitor should be able to make the unfair dismissal claim and the workplace injury claim for you.

Hughes & Associates Solicitors, personal injury solicitors in Dublin, can make your workplace injury compensation claim.

Contact Hughes & Associates Solicitors today

Contact Hughes & Associates Solicitors today to make your workplace accident compensation claim for a personal injury.

At Hughes & Associates Solicitors, we can make an unfair dismissal claim if your employer fires you for making a personal injury claim*.

Our experienced team can fight both claims for you and will be at your side at all times.

Contact Hughes & Associates Solicitors today for all your workplace personal injury claim*s needs.

FAQs for workplace injury and unfair dismissal claims

Yes, you can make a personal injury claim* against an employer. If an accident happened at work and it was not your fault, and you suffered an injury, you can claim compensation.

No, your employer cannot fire you for making a personal injury claim*. They cannot even threaten you with firing, and they cannot fire you.

Your personal injury solicitor can explain the unfair dismissal law to you.

You usually have six months from the date of firing to make an unfair dismissal claim against the employer.

In most cases, you should make the claim as soon as you are fired.

No, your employer cannot fail to promote you for making a personal injury claim*.

They cannot discriminate against you in the workplace, such as by giving you fewer shifts or paying you less than other employees.

Your job status should stay the same, and the employer must treat you like they treat any other employee in the business.

You have two years from the date of diagnosis of the injury following a workplace accident to make the personal injury claim*.

The workplace accident may have happened more than two years previously, but you have two years after a confirmed diagnosis of your injuries to make a claim.