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  1. The owner of a building is always liable for an accident on their property.

 

Incorrect.  An owner is only liable if the injured party can prove that the owner was negligent.

 

  1. An injured party has three years within which to bring a claim for compensation.

 

Incorrect.  This period has been reduced to two years.

 

  1. Solicitors charge a percentage of the compensation received.

 

Incorrect – Solicitors are not entitled to charge a percentage of any compensation award.

 

  1. An injured party cannot get compensation if injured by an uninsured car driver.

 

Incorrect.  The Motor Insurers Bureau of Ireland are required by law to compensate people who are injured by uninsured drivers.

 

  1. An injured party cannot claim compensation if they fail to wear a seat belt.

 

Incorrect – Failure to wear a seatbelt does not prevent an award of compensation.  However a court is likely to reduce the amount of compensation if the injured party was not wearing a seatbelt.  The amount of the reduction will depend on the extent of the injuries and how they were caused.

 

  1. An injured party cannot claim compensation if their driving licence has expired at the time of the accident.

 

Incorrect – the injured party is entitled to receive compensation if the accident was the fault of another party.  Whether they have a current driving licence is not relevant to such a claim.

 

  1. An injured party cannot claim compensation if they had a similar injury prior to the accident.

 

Incorrect – If the subsequent accident caused an increase in the level of pain and discomfort previously experienced by the injured party, then the injured party is entitled to be compensated for the extent of that increase in pain.

 

  1. An employer is always responsible to pay wages to an employee who is injured at work.

 

Incorrect – The employer is not legally obliged to pay the employee wages, even if they are injured at work, unless the contract of employment states so.  However, an employee is entitled to bring a claim for compensation against the employer for the pain and suffering caused by the injury together with all other out of pocket expenses, including medical treatment fees and loss of wages.

 

  1. The employer must compensate an employee who is injured at work.

 

Incorrect – An employer is only required to compensate an employee if the employer was at fault for the accident i.e. the employer must have been negligent.

 

  1. A claim for compensation is absolutely statute barred after a period of two years.

 

Incorrect.  Whilst the two year period normally applies, there are some exceptions to this rule.  For example if an injured party only became aware recently that they had suffered an injury, then the two year period commences from the date of knowledge of the injury and not the date of the accident.  For example, a worker who develops lung disease as a result of being exposed to asbestos has two years from the time they discovered the injury, even though the exposure to asbestos may have occurred many years previously.