Gibson & Associates Solicitors in Partnership with The Northside Civic Centre in Dublin, will be delivering a FREE Public Information event on GDPR: Know Your Rights – Protect Your Privacy.

Date: Friday 31st of May

Duration: 10.00am – 12.00pm

Speaker: Solicitor Reza Nezam

Location: Northside Civic Centre

Find on Google Maps: Northside Civic Centre

You can register for this event now, by subscribing below.

For more information on your GDPR rights, read our blog here:

Our head solicitor of our Personal Injury Department Amanda Walsh is based in Dublin, in our Capel Building office. Recently, I asked her what are the most common questions clients asked about personal injury claims? Below are the questions that our Personal Injury team commonly respond to, and a brief answer to the questions.

Q 1. Do I have a personal injury claim?

Generally if you suffer an accident due to someone else’s fault you could have a personal injury claim. Or, if you can answer yes to either of the below questions, would give a good indication of you have injury claim eligibility:

• Did the accident or incident cause me a visible injury, or pain (some injuries are not visible for example whiplash after a car accident), and not just damage to my property?
• Do you suffer from psychological trauma as a result of the incident, for example depression or anxiety?

A personal injury claim enables you to recover compensation; for damages done to you physically, financially and/or psychologically.

There are many causes of personal injury from traffic accidents, trips and falls in public places, work accidents, medical mistakes etc., but, the accident generally should be the fault of another person(s) negligence.

No two personal injury claims are the same, many factors have to be taken into consideration. Even such factors as age and gender can impact on claims.

Q 2. When do I need to start the personal injury claims process? What is the time frame involved, and how long it will take to get a result?

So, you’ve been in an accident some time ago…maybe it’s too late to claim? Generally, in Ireland, you must start a personal injury claim within two years of the accident occurring. This is known as the statute of limitations, after the two years is up the case is barred. But, there can be some exceptions to the rule, for example, maybe the injured party was under 18 years old at the time of the accident.

The length of time it takes to process an injury claim can vary, but the Personal Injuries Assessment Board state that the average time frame is seven months. And we usually find it takes somewhere between six and nine months, then the payout of compensation normally happens within a month of finalisation from the Personal Injuries Board. But, if the claim ends up in the courts (litigation) the claim assessment could take up to three years.

Q 3. Who are the Personal Injuries Board and what to they do?

The Personal Injuries Board (PIAB) is Ireland’s independent government body that assess personal injury compensation claims. All personal injury claims go to PIAB (except Medical Negligence cases), unless the claim has been settled early by claimant and other parties involved. Your solicitor will deal with PIAB on your behalf.

PIAB will provide an assessment on your claim for compensation, its primary role is to quickly value claims and make awards that can be accepted or rejected by the claimant(s).

Q 4.  Why are medical reports needed and what are the costs?

A medical report is required to prove that the reported accident caused the injuries that were sustained. This report will help prove injuries such as pain, loss and suffering; and details on the nature of the injury, the effects this will have on the injured and how long recovery is likely to take.

Your personal injury solicitor can request your medical reports, for you, from your doctor; reports need to be received within two months of the injured person being examined. Under Civil Liability and Courts Act, 2004, there are severe sanctions for inaccurate medical reports — the reports should be as accurate as possible of the injuries sustained.

Fees for medical reports can vary. Different GPs will have different charges, reports could cost in the region of €100, and some could go up to €400. If specialist’s medical reports are required this will cost significantly more. The injured person that’s making the claim usually will have to pay for these reports; but can claim the payment back, if their case is successful.

Q 6.  If my injury caused me to be off work, what do I do?

If you wish to claim compensation for the injury, you should proceed to claim with the help of your solicitor. But, in the meantime you may be entitled to benefits to compensate for your loss of earnings. There are two scenarios here:

1. Was it a workplace accident that caused the injury?

If the accident happened in work or on the way to work, you should report the accident to your employer. Then, you should check your employment contract for sick leave entitlements. In the case of no entitlements, you could still be eligible for Injury Benefit: a payment from the Department of Employment Affairs and Social Protection

2. Was it an accident caused somewhere other than the workplace?

If the injury now has caused you to take sick leave, you can apply for illness benefit, subject to PRSI conditions. If it was a serious accident that is causing you to take leave of at least one year, then a disability allowance might be available to you. Your local citizens information office will provide you more information on these payments.

Q 7. What are the costs of the case? How much compensation do I get?

Your solicitor will discuss fees with you, there might be a no win no fee agreement. This is common in personal injury cases, it means that if the case is not successful, the claimant won’t have to pay legal fees. Other typical fees for personal injury cases include the Personal Injuries Board Application PIAB fee, this is set at around €45. And, then there is your medical report fee, as previously discussed.

Compensation depends on many factors, but guideline payout amounts for different injuries can be found in the PIAB Book of Quantum. Or, if you wish to look up an estimate of the typical compensation for an injury, you might find a personal injury claim calculator useful; many of these calculators can be found online.

Q 8. Will the matter go to court? And will the case be in the media?

Not normally. Most, probably over 90%, of personal injury cases are settled before reaching a stage of having to go to court. Usually, if the case ends up in court it’s because the parties involved have failed to agree on a compensation outcome. But, your solicitor will still prepare your case as if it will be presented in the courts.

Other times that personal injury cases end up in court are due to the Personal Injuries Board declining the case; this could be due to the nature of the claim, time frames involved, issues with the insurance company or the claimant’s medical prognosis.

You will sometimes read about compensation payouts in the media. But the majority of claims won’t be in the news. Claims might make the headlines if there’s a high profile individual or organisation involved; a large settlement agreed; or,  the case is particularly unusual, e.g a lady sued Starbucks for putting too much ice in her… iced coffee! Yes, this happened.

In Gibson & Associates Solicitors we have a dedicated Personal Injury team with specialisms in injury law, from minor accidents to catastrophic injury, and medical negligence. If you have an enquiry about a personal injury, fill out the enquiry form below, and we’ll get back to you.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

It’s reported that every working day seven people are injured in a slip, trip or fall at work, or on the way to work. This is the highest cause of injury in the workplace. The HSA estimates that around 29% of non-fatal injuries are a result of a slip, trip or fall at work.

Sometimes, we’re asked, “ What should I do after suffering a fall at work?”. So, below we’ve outlined a few informational points on common causes of falls at work, high-risk jobs, what to do after a fall at work/steps to take, whether you can claim for a fall in the workplace, and slips, trips and fall compensation.

Common causes of falls at work

Different industries will have different typical causes of fall or slips in the workplace, but usually, these can be categorised into failures in health & safety procedures or falls caused by employee carelessness.

Every employer has a duty of care to provide a safe work environment, and will usually identify hazards to lower or prevent the risk of accidents in the workplace. But, failures in health & safety procedures still occur. On the other hand, employee carelessness in the workplace is a contributory factor for some slips, trips and fall accidents. Most workplaces will implement employee training helping to prevent these accidents.

High-risk areas in the workplace for slips, trips and falls

There are reportedly places of higher risk for falls in the workplace, where more diligence is required. But, history does have a habit of repeating itself — so where slips, trips or falls have happened before, it is likely to happen again.

High risk areas include:

• Steps and stairs. Every day someone has an accident on steps or stairwells, this most commonly happens while a person is walking down the steps and slips.
• Wet surfaces or where liquids are stored or transported.
• Mats, rugs or uneven floor coverings.

Dangerous Jobs

Sometimes jobs that we would think of as being high risk or dangerous e.g. mining, firefighting etc.,  aren’t necessarily the ones that cause the most accidents or injuries. Below is a list of the most dangerous jobs/industries in Ireland:

• Farming
• Construction
• Vehicle garages
• Manufacturing
• Admin and support services
• Transportation and storage
• Health and social work

Farming is Ireland’s deadliest occupation. Farmers are 10 times more likely to be killed at work than any other profession. Most fatalities are caused by taking risks with machinery and animals. There are many tasks on the farm that poses a risk of slips, trips and falls, these are the largest cause of non-fatal accidents on the farm.

These include:

1. Working at height
2. Working on uneven or slippery surfaces
3. Using ladders
4. Getting on and off tractors
5. Working in the milking shed
6. Working with vats, tanks and silos
7. Working with livestock.

The second most hazardous occupation is the construction industry. Much work has been done to create a health and safety first culture in the construction industry, but accidents and injuries are still high among sole traders and small firms. In 2017, a man died after falling from a ladder whilst working on a new house build.

HSA statistics:

“There were five fatal falls from height in 2016 and 2 in 2017. All involved small contractors or self-employed construction workers.”

“Falls, slips and trips were the main cause of non-fatal accidents in construction in 2017, with movements such as lifting, carrying, pushing, pulling, bending and twisting the next most common cause.”

What to do after a fall

Firstly, if you or the person involved in the fall has an injury, you should seek medical help. You should be aware to that sometimes soft tissue injury symptoms don’t appear for a few days, so if you notice pain at a later date it might be best to get it checked out.  The doctor or hospital will complete a medical report; these reports are important and might be required at a later date.

Contact your employer

You need to inform your employer or supervisor of the accident and/or injury. There is likely to be a time limit on reporting an injury, so from a legal perspective, you need to report the incident as soon as possible. Sometimes this needs to be done in writing, so you should ask for the company procedure on reporting accidents.

Reporting the accident

Health, safety and welfare at work regulation in Ireland obliges all employers and self employed persons to reports all accidents and injuries, that caused the employee to be absent from work for more than three consecutive days, to the Health & Safety Authority.

The details of the fall accident should be recorded in your employer’s Accident Report Log including details of the injuries sustained. You should keep a copy of this report as you might require this information if a claim is made against your employer for negligence.

It might be useful to keep a diary of time and dates, eyewitness reports, photographs etc.

Common injury types from falls

A fall from heights is likely to cause the most serious of injuries. Out of non-fatal falls, the worst injuries are to the head, even what might appear to be a minor head injury needs medical attention — if there is swelling, bleeding or loss of consciousness treat it as a medical emergency.  One of the most devastating type of head injury is Traumatic Brain Injury (TBI), severity various but it can lead to permanent damage to the brain.

Other serious injuries from falls include back and spinal cord injuries, these injuries can cause serious pain and limited mobility, immediate medical attention should be sought if this injury is suspected. On the other end of the scale, injuries include shoulder dislocation a condition called brachial plexus injury. Injuries on the other end of the scale include: sprains and fractures, twisted knee, sprained ankle, arms or wrists. Slips, trips and falls mostly lead to some form of musculoskeletal injury, and/or cuts and bruises.

Injury Benefit

If your fall at work injury forces you to take leave from work, you might be eligible for injury benefit. The payment is provided under the occupational injuries benefit scheme, find out more information on the Citizens Information website.

Can I claim?

Your employer has a duty to provide a safe work environment for employees.  If you have suffered an injury physical or psychological due to someone else’s negligence, or hazardous work conditions, or inadequate equipment, you are entitled to claim compensation for pain and suffering caused. How do you know if you have a personal injury case?

Slips, trips and falls are common in the workplace and not all will be eligible for compensation. For a claim to be successful, negligence or blame must be established. There may be more than one employer involved in the negligence, this is where contributory negligence comes into play.

Contributory negligence also applies to the victim of the accident, i.e how the victim’s actions or lack of actions, led to the accident an example would be the injured party not wearing inappropriate footwear.

Case example: A shop manager in Dublin received €47,000 after suffering a knee injury from slipping on a wet floor in her work premises. Liability was admitted by the shop, so no assessment of contributory negligence was made.

It’s best to get your personal injury solicitor involved now, he/or she will talk you through your claim eligibility and the steps you need to take.

Where do I submit a claim?

Claims for slip, trips and falls are made through the Personal Injuries Assessment Board (PIAB), applications should be submitted along with your medical reports and the copy of your employer’s accident report. It’s recommended to hire a personal injury solicitor, they will take care of this application for you and all necessary documentation.

Fall at work claims should be initiated within two years of the accident occurring, this time period is legally known as the statute of limitations.

Fall at work compensation

Some people may feel reluctant to make a compensation claim against their employers because of fears of victimisation or workplace reprisals. But, you are protected against termination from employment, and if you are off work for any length of time, your employer does not have to pay you — so compensation awarded will help cover the loss of earnings.

Employers usually have employee liability insurance cover to protect their business, and to cover the cost of compensation, if a fall at work compensation claim is made against them.

Falls at work are common, so no matter where you work you should be vigilant of risks; not only risks of harm to yourself, but also of harm of others. Report hazards to your employer or health & safety officer. If you are unfortunate and have been injured in a fall, you are welcome to call our friendly and helpful personal injury solicitors, how will guide you on the best steps to take, if you have a personal injury* claim.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.”

Do you think your personal information has been compromised? You’re probably worried? Yes. For good reason. If your personal data falls into the wrong hands it can be used for criminal activity and fraud. Identify theft created from compromised personal data is a huge problem across the world. In 2017, nearly 60 million Americans were the victims of identify theft.

Anyone using the internet is vulnerable to security breaches and malicious threats. These can lead to unintentional consequences and leakage of information.  Personal information: names, social security numbers, bank account information, credit card details, phone numbers and email addresses are all pieces of valuable information that — once stolen — can be traded on the dark web.

Same goes for corporate firms and financial institutions, they also bear the risk of security breaches and information theft. Without serious implementation of firewalls and another security setup, data hackers can access a company’s private information.

How information gets compromised?

Apart from common online threats: phishing, spyware and hackers. You should also be mindful that many instances of personal information leaks occur by simple human error such as misplacing documents, losing computer equipment or just sending information to the wrong recipient.

A few examples of how data might be compromised in companies;

•         Non-standard processes are used for data protection and migration
•         Could be an employee of the company mixed with attackers
•         Weak security infrastructure
•         During the migration of information, a serious virus took over the system
•         Unauthenticated access to the personal information of the organisation

Motives behind the breach

Whenever a security breach takes place and personal, as well as financial information, is stolen; you should be considering all the possible factors. There could be tons of motives and objectives of the hackers behind the breach, and most common ones are listed below:

•         Access to the financial assets of the company/organisation/individual.
•         Using the personal information of the company, or employees, for blackmailing or other leverages.
•         Just staying back and to spy over all the crucial activities of a company for its third parties or competitors.
•         Installing crucial malware in the systems and taking control of everything including all the financial transactions taking place.

There could be various motives behind an attack or hacking to gain a company’s or your personal information. But, the most important thing is, what to do when your personal or financial information gets leaks either deliberately or accidentally…. This is where GDPR comes in.

What is GDPR?

Known as General Data Protection Regulation which operates in Ireland and most other European countries. GDPR give more data protection rights to individuals by setting standardised guidelines across the board.

This means you will have more control over the privacy of your personal data. A breach under GDPR rules is a serious offence for a company, that could result in a fine of up to €20,000,00.

Under GDPR personal data is defined: ‘as data that can identify a living person.’ Under GDPR rules: a company must notify you within 72 hours if they have experienced a data breach of your personal information.

What to do?

You have received a data breach notification from a company that indicates that your data has been compromised.  Firstly, look to what steps have the company taken to protect your data? Then…

Change your passwords

When someone has access to all of your personal and financial accounts they can cause a lot more damage than you think; you could be deprived of your accounts forever, or even money if they get their hands on it!

Try to change all your passwords within an hour of the hacking. This is the safest time limit advised by the authorities, during which you can pull back the control of these accounts. Log every unauthorised user out, and use two-factor authentication.

Investigate what got stolen?

Get to know what got stolen from you! If it was some casual or public information from a  website or a bunch of usernames without any other data, then you might be okay.

But if it was sensitive personal information or financial credentials, then you will have more to worry about. Finding what was actually stolen from you will help you tackle the situation. That is why you should know what was actually taken from you in the breach and act accordingly.

Contact your financial institutions

Sometimes companies don’t know they have been hacked for several weeks, but you might have noticed unusual charges on your bank statements recently, this is often one of the first signs that your personal data might have been compromised.

You should contact all relevant financial institutions immediately. Inform them of the unusual activity and that you suspect that you may have been a victim of a data breach.

If it’s identity fraud?

Someone that steals your personal information such as bank details, ID cards, social security numbers they could try to impersonate you. This is a serious matter. If someone is impersonating you, it is a criminal offence and should be reported to the Gardaí.

Compensation

If your data was stolen and the theft resulted in financial loss, then under GDPR rules you have a right to seek compensation. But, what about if your loss was psychological? GDPR also allows for compensation for distress caused by having your personal data breached or misused. You can find out more about data breach and GDPR here.

Criminal and hackers are devising more ways to access your personal data online; it’s important to use as many methods as possible to protect your identity, be careful what information you share online and remember to check companies’ data protection policies.

When you’re riding your bicycle, your most important piece of safety gear is a helmet that fits. Helmets are designed to cushion and protect riders’ heads from the impact of a crash. Like safety belts in cars, helmets cannot provide total protection against head injury or death, but they can reduce the risk of both. Nearly 70 percent of fatal bicycle crashes involve head injuries, according to the US Department of Transport (DOT), yet only one in four cyclists wear helmets when they ride. Wearing a helmet dramatically increases your odds of surviving a crash, and also reduces the risk of traumatic brain injury. In 2016, Australian researchers found that cycle helmets reduced serious head injury by 70%!

The DOT estimates that if all children age 4 to 15 wore helmets when they rode bicycles, 45,000 head injuries and 55,000 scalp and face injuries could be prevented every year. Helmets decrease the severity of head injuries, the number of days spent in hospital, and the overall cost of medical care after a bicycle crash. Helmets also protect their riders from dust, rocks, and other debris thrown up by other vehicles.

Unfortunately, at the moment it’s not compulsory by law to wear a bicycle helmet in Ireland. But in the interests of personal safety, especially for under 18s, it’s highly recommended.

Buying a cycling helmet

The following are recommendations for buying and fitting a helmet:

• Make sure your helmet fits to get all the protection that you’re paying for. A helmet that fits well will sit level on your head, touching all points of your head. It should fit snugly, with no pressure points.
• Your helmet should be comfortable. You’re not looking for a fit tight enough to squeeze your head.
• Try to pull the helmet off. If you can, don’t buy it.
• When you move the helmet, it shouldn’t have much play, a maximum of an inch in any direction. The strap is as important as the helmet: it holds your helmet on your head. Check the latch and the strap to be sure they’re strong enough for the job. High visibility is very important; it can save your life.
• Choose a helmet in white or a light colour. Wearing a dark-coloured helmet increases the risk that a driver will not see you, especially at night.
• Always replace a helmet after a crash. Period. The helmet’s compressible foam absorbs the energy of the crash. Once it has absorbed energy, the foam does not recover. It may not look deformed, but it has lost its capacity to absorb energy. A helmet that has been through one crash will not protect you from a second one.
• For the most current ratings of helmets: check the most recent reviews in consumer reports.

No matter how effective and safe your helmet is, it only protects you if you wear it.

Other important safety equipment protective clothing can help prevent personal injuries and reduce the seriousness of injuries to arms and legs, hands and feet. Protective clothing includes:

Eye protection: Riders should protect their eyes against insects, dirt, rocks and other debris, and tearing and blurred vision from the wind. Good quality goggles with plastic or safety lenses can provide a measure of protection. Goggles and glasses should be unscratched, shatterproof, and ventilated to prevent fog build up.

Jackets and pants: Clothing should be tough enough to provide some protection from road rash if you’re tossed from your bike. Avoid pants that are excessively baggy, or wide at the bottom; these present a greater risk of tangling in the chain.

Gloves: Wear gloves that give you a solid grip on the handlebars, brakes, and shift levers. Leather gives the best grip. Leather gloves or fabric gloves with leather palms and grip strips on the fingers get the job done. Choose a safe bike. Choose a bicycle that’s a comfortable fit for you; when you’re astride the bicycle you should be able to touch the ground with both feet. Seat height, seat angle, handlebar style, and handlebar height all contribute to ease of handling. Have an experienced bicycle salesperson adjust all these so that you feel comfortable on your bike, and can handle it easily. Check the brakes and the shift levers, and make sure you can reach and operate them without strain.

Bicycle Safety Information

Riding your bicycle is not only a fun form of transportation, it is also a great workout and beneficial to the environment since it does not give off any harmful emissions into the atmosphere. However, riding your bike can also be hazardous if you are travelling on busy streets or do not adhere to best riding practices. Before heading out on the road, there are a few tip cyclists should review to ensure optimal safety in any condition. Sometimes, bicycle accidents are caused by the negligent actions of a third party. This could be a motorist, pedestrian or another cyclist. If you or someone you love has been hurt in a preventable cycling accident, contact an experienced personal injury* solicitor today to hold that person accountable in a court of law. The best way to avoid an accident on your bike is to engage in safe behaviour at all times. The following tips will help you make the best decisions on the road

Safety Tips for Biсусliѕtѕ

Always adhere to traffic signals, lights and warning signs. Never run a red light or stop sign. Make sure yo use hand signals when turning — because, your bike does not have brake lights or turn signals, this is especially important in order to communicate with other motorists. Wear bright, reflective clothing. Use a headlight, safety triangle or rear light when riding at nighttime.

Do not ride against traffic. Wear a helmet at all times. Even with the best safety precautions, accidents can still occur to cyclists. However, if your accident was caused by a negligent-behaving third party, you may be able to bring them to justice in a court of law.

By hiring an experienced personal injury* solicitor, you can increase your chances of a favourable outcome in court. In addition, you may be able to receive financial compensation to help you recover from physical, emotional and monetary damages you incurred as a result of the collision. Bicyclists deserve the same kind of respect as other motorists on the road. Just because you ride on two wheels, instead of four, does not give others the right to drive unsafely around you.

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any settlement.