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Underassessment of the Injuries Board

Under-assessment of the Injuries Board.

Being the victim of a personal injury can be a stressful and worrying time, from dealing with an injury and the effects this has on your day to life therefore it is vital you receive a reward that reflects this. The expert team at Gary Matthews Solicitors are committed to ensuring each and every client of ours receives the justice they deserve.

Our team offer advice and are available throughout your claims process to provide you with the information you need. There are many guidelines and penalties associated with the Injuries Board process, by appointing our team you confident that all paperwork will be done correctly.

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Where we provide advice to decline an award, it is based on 25 years’ experience of assessing the value of claims to achieve a more favourable outcome for our clients than the Injuries Board Assessment.

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Employee awarded €60,000 in compensation as a result of bullying and harassment in her workplace.

Damages were awarded not just on view of injuries sustained from treatment from another employee, but of the overall view which Management had of the plaintiff, where she was branded a “troublemaker“.

An employee claimed that they were subject to unacceptable treatment by their Line Manager and that shortly afterwards she was systematically bullied and targeted by the Management as a whole. She made numerous allegations against the entire Management team, and made it very clear to all concerned that she was unhappy and that she felt the treatment was unacceptable and unfair.

The employees difficulties at work commenced after an accident at work where her Line Manager refused to sign her accident report form and did not report the accident in accordance with normal health and safety procedures.

The employee also applied for a permanent full-time position, which in accordance with agreed procedures should only have been limited to internal candidates, and an external candidate was hired.

The Court found in this instance that in addition to the numerous allegations made the above mentioned instances “amounted to corporate bullying and harassment and discrimination against the plaintiff and resulted in stress to her”, and was for no other reason than the Company viewed her as a troublemaker and wanted to ensure she was not given a permanent position.

In another instance the employee was suspended after she had refused to sign a statement of complaint made by her, after claiming it was inaccurate. the court rejected this was seen as bullying under the defined and accepted meaning of the word, however stated that “the defendants were at this stage looking at the Plaintiff as a ‘troublemaker’ and acted in a number of ways unfairly towards her”

Numerous other instances in this case identified poor treatment by the employer and the management team towards the employee and it is well worth a look in order to see a continued and persistent environment of bullying and harassment.

The employee was awarded €60,000 in compensation as a result of this case, and for the “severe distress” caused.

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