Occupational Injuries Benefit Scheme - Introduction

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:

• Injury Benefit
• Disablement Benefit
• Incapacity Supplement
• Constant Attendance Allowance
• Medical Care Scheme.

There are also death benefits under this scheme:

• Widow's/Widower's Pension (paid at a higher rate than the ordinary Contributory Widow's/Widower'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 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.

Where to apply