Luke Hanahoe

Luke Hanahoe Managing Partner at Hanahoe and Hanahoe Solicitors LLP, is elected as President of County Kildare Chamber of Commerce

Posted on by Luke Hanahoe
Chamber President

 

Luke Hanahoe, Managing Partner at Hanahoe and Hanahoe Solicitors LLP, is elected as President of County Kildare Chamber of Commerce

Hanahoe and Hanahoe Solicitors LLP are delighted to announce that our Managing Partner Luke Hanahoe has been elected as the President of County Kildare Chamber of Commerce. County Kildare Chamber is one of the biggest Chambers in the Country, representing over 400 businesses, who employ nearly 37,000 people. In 2019, the County Kildare Chamber was delighted to win the award for Chamber of the Year on behalf of their membership at the Chambers Ireland Awards. Tony Hanahoe, partner and head of the Commercial and Business Law department was understandably delighted with Luke’s appointment.  ‘Hanahoe and Hanahoe Solicitors LLP, have a long standing connection with Kildare Chamber of Commerce. Many of our corporate and commercial clients are Chamber members and we share the Chambers commitment to developing an advancing business throughout the County.’

Luke Hanahoe
Luke Hanahoe, Managing Partner of Hanahoe and Hanahoe Solicitors LLP

On his election Luke Hanahoe said, “ It is an incredible honour and privilege to be elected President of Kildare Chamber. I am really looking forward to working with and on behalf of the membership to ensure Kildare businesses continue to thrive.  The membership of Kildare Chamber is incredibly well served by Allan Shine and his team and I will work tirelessly with them to ensure the Chamber continue to provide the services that our members require and deserve”.  Stepping down as President after two extremely successful years was Maureen Bergin of Kildare Village who said at the meeting, “  There were many highlights during my term as President, that included the hosting of 33 Ambassadors to Ireland in The K Club, our recent trade mission to Boston, which was a huge success, the array of internationally renowned speakers we brought to Kildare, including Sir Ranulph Fiennes OBE and Stuart Lancaster and receiving the award for Chamber of the Year on behalf of our membership at the Chambers Ireland Awards.

Allan Shine, CE of the Chamber said today, “ Maureen Bergin served as President of the Chamber for 2 years and in that time the membership has grown to 400 businesses, we have embarked on two very successful trade missions this year and  I believe that our complete offering to businesses in Kildare has evolved and that this Chamber is on a strong footing going forward.  I look forward to working with our new President Luke Hanahoe in his term in office and also with the newly elected committee members, Brian Purcell and Clodagh Hughes.

Luke Hanahoe’s Vision for Business

Luke Hanahoe has a vision for business over the next two years in Kildare which will see the Chamber offerings increase.  “ We will launch a new Chamber Advisory Panel later this year. We are asking 15 key stakeholders in Kildare, who are at the pinnacle of  their different industries to support, advise and mentor many of the exciting and emerging  SME’s based throughout the county.  We are lucky that Kildare has amazing array of business leaders, who are thankfully eager to support our many SME’s. I look forward to launching this initiative later this year.  High on my agenda will also be a meeting with Peter Carey, CEO of Kildare County Council later this month.  Peter is a passionate supported of the Chamber and business in Kildare.   I look forward to our continued co-operation with Peter and his team and I will be strongly encouraging him to endorse business in the county by obviating  any potential rate increase. We require our Local Government to be pro-business and we need Kildare to be an attractive place to do business.  We in the Chamber will work alongside our County Council to ensure that Kildare remains the location of choice for business.

Kildare Chamber of Commerce
Kildare Chamber of Commerce. Advancing Business Together

This, like any year, will present new challenges and opportunities for business throughout the county. A strong business voice is essential so that we can meet the challenges and maximize the opportunities. For businesses in Kildare that voice is the Chamber. However, the Chamber is only as strong as its membership so I would urge all businesses in Kildare to join our Chamber, so we can become one voice, to serve, promote and grow the business through the county.”

Hanahoe and Hanahoe Solicitors LLP wish Luke the very best with his Presidency and look forward to working with the Chamber and its membership.

KFM Interview

Luke was also interviewed by Ciara Plunkett on his roll as President on KFM. If you wish to hear the interview you can do so here https://soundcloud.com/kfmradiokildare/kildare-focus-18-10-19

 

 

 

Can I be fired for making a personal injury* claim against my employer?

Posted on by Luke Hanahoe
fire personal injury calim

Can I be fired for making a personal injury* claim against my employer?

The Unfair Dismissal Act 1977

The short answer to this question is no. Section 6 (c) of the Unfair Dismissals Act 1977 precludes employers from dismissing employees who take a personal injury action or indeed any claim against them. As the section states  an employee will be unfairly dismissed if they are fired  for “civil proceedings whether actual, threatened or proposed against the employer to which the employee is or will be a party to or in which the employee was or is likely to be a witness.” Therefore if you were dismissed for bringing a personal injury action against your employer you will be able to bring a separate claim against your employer for unfair dismissal. The Legislative remedies for successfully unfair dismissal claims are:

  • reinstatement, meaning that you would be treated as if you had never been dismissed and that you would be entitled to recover your loss of earnings from the date of your dismissal to the date of your return to work; or
  • compensation of up to a maximum of the equivalent of two years’ pay.

Even more concerning for the employer is that you could potentially bring an injunction preventing your dismissal.

Employers Obligations Under Statute

Employers have both a common-law and statutory obligation to provide their employees with both a safe system and place of work. This obligation was further enshrined in legislation in the The Safety, Health and Welfare at Work Act, 2005. This act obliges employers to do everything that is reasonably practicable to ensure the safety, welfare and health of their employees.

If an employee is injured in an accident* at work, because their employer has failed to take all reasonable steps to ensure their safety, they are entitled to bring a personal injury* action to seek compensation for their injuries. The employer cannot fire the employee because the employer has failed to meet their common-law and statutory obligations.

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An Unlikely Occurrence

 

 

Given the strong protections workers are given under Irish employment legislation it is nearly unheard of for an employee to be fired for bringing a personal injury action. In the last 15 years it has only happened once to client of our office and in that case the employers had to pay compensation for the unfair dismissal and separately for our clients personal injury action.

For More Information Please Feel Free to Contact US

For further information in relation to accidents work or indeed any aspect of personal injury*, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 (Naas Office) or on  015255637 (Dublin office) or at info@hanahoeandhanahoe.com or on Facebook

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of personal injury* you should consult with a solicitor who specialises in personal injury law*. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

 

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

Spinal cord injuries suffered by three people in Ireland a week

Posted on by Luke Hanahoe
Spinal Cord Injuries

Spinal cord injuries suffered by three people in Ireland a week

Research recently publish by Eimear Smith of the Mater Hospital shows that an average of three people a week sustain life-changing spinal cord injuries in Ireland. The research shows the cause of these injuries is either the result of degenerative disease (referred to as non-traumatic injury) or accidents* (referred to as traumatic injuries)

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Traumatic and Non-Traumatic Injuries

By far the most common cause of traumatic injury are accidental falls accounting for 55% of spinal cord injuries with partial paralysis the most common outcome. Road traffic accidents are the crashes are the next most common cause accounting for almost one-in-five traumatic spinal injuries. While accidental sporting injuries for more than one-in-ten. Males account for the majority of traumatic spinal cord injuries, with 72% of people suffering these horrific injuries being men. Non-traumatic injury occurs as a result of degenerative spinal diseases or secondary cancers affecting the spinal cord.

The research also shows that 40% of people who suffer from spinal cord injuries will walk again. However people are able to walk again are more likely to suffer from mental illness and 22% more likely to be living below the poverty line than those in a wheelchair. It also highlights the disgraceful situation currently pertaining in Ireland were people who sustain spinal cord injuries are not automatically entitled to a medical card

 

Spinal Injury Ireland’s Strategic Plan

The research underpins a new strategic plan for Spinal Injuries Ireland to provide one-to-one support to people with such horrific injuries. However Spinal Injuries Ireland’s resources are already under  huge pressure and this research indicates that the number of people using their services will increase from 2100 to 3600 by 2023. With Spinal Injuries Ireland only receiving 40% of their operational funding from the state this would mean they would need to increase their annual fundraising form €600,000 to €1.4 million.

Contact Us

Given the serious and life altering consequence of spinal cord injuries you should seek the advice of a  solicitor if you are a loved one has suffered in such traumatic accident. For further information in relation to spinal cord injuries or speak to one of our expert personal injury* solicitors, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 (Naas Office) or on  015255637 (Dublin office) or at info@hanahoeandhanahoe.com or on Facebook

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of personal injury* you should consult with a solicitor who specialises in personal injury law*. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors and you, until you receive written confirmation that we are acting as solicitors on your behalf

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

 

 

Contesting the Will of a Parent – 7 things you need to consider

Posted on by Luke Hanahoe
Contesting a Parents Will

According to Section 117 (1) of the Succession Act 1965 when contesting the Will of a parent a child must show that the ‘testator (in this case the parent) has failed in his/her moral duty to make proper provision for the child in accordance with his/her means’. What is meant by ‘moral duty to make proper provision’ has been tested a number of times by the High Court and the law is now well defined.

 

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These are the 7 things you need to consider:

1. Time limits

The time limits in probate litigation are incredibly tight. Proceedings must be brought within six months from the issue of the Grant of Probate. This time frame is strictly adhered to and will not be extended by the Courts for any reason.

2. What is a Child?

A Child for this purpose can be of any age and is not based on a child under the age of 18. The test in deciding whether provision should be made, is not whether the child is a dependent, but whether the Testator has failed in their moral duty to make proper provision.

3. What is Moral Duty?

The ‘Moral Duty’ a parent owes to a child will depend on the individual circumstances of each case. The relationship of parent and child does not itself, and without regard to other circumstances, create a moral duty to leave anything by Will to the child. The ‘Moral Duty’ of a parent may also have been discharged during their life time and in this regard, educational costs, gifts or settlements made by the parent during their life time may be taken into account.

4. The Onus of Proof lies with the Child.

It is up to the applicant (the child contesting the Will) to prove their case. The onus of proof placed on the applicant for relief under Section 117 is high and it requires the applicant to establish that their was a positive failure by their parent in fulfilling their moral duty.

5.Testator’s Obligation

There is no obligation on a parent to leave something to each child. Their only obligation is to discharge their moral duty to their children. A just parent may take into account not just their moral obligations to his children and to his wife, but all their moral obligations, such as obligations they may have to aged and infirm parents.

6. Special Circumstance’s

Special circumstances may alter a parents moral duty to a child. For example, the moral duty a parent has to a child, my change in circumstances where the child was induced in to believing by working in the family business he would ultimately become the owner. Other special circumstances may arise if the child had mental or special disabilities.

7 The Power of the Court

While the Court has wide ranging powers in section 117 application, it is not for the Court to draft a new Will. The Courts duty is only to decide whether the Testator breached their moral duty to the plaintiff (child)

For further information on Contesting a Will or if you have any questions please feel free to Contact Us

Hanahoe and Hanahoe solicitors is an award winning law firm with a particular expertise is probate litigation. *For further information on contesting a Will please see our previous article ‘Challenging A Parents Will – What Is A Section 117 Application?’ or please do not hesitate to contact Hanahoe and Hanahoe solicitors at our Naas Office on 045 897784, at our Dublin office on 01 5255637 or at info@hanahoeandhanahoe.com. or on Facebook.

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of probate litigation, you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors and you, until you receive written confirmation that we are acting as solicitors on your behalf.

 

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

 

 

 

 

 

 

 

Depuy Spinal Implants Recall

Posted on by Luke Hanahoe
Doctor looking at a spinal xray

The Medical Negligence team at Hanahoe and Hanahoe are being made increasingly aware of the dangers of defective medical devices (see our previous article) and the recent recall of the Depuy Spinal Implants further highlights the problem. It also puts into sharp focus the problems in Ireland with safety of the many medical devices used and the lack of appropriate oversight

Depuy Spinal Device Recall in the UK

The UK Medicines and Healthcare Products Regulatory Agency (MHRA) have recently issued a safety notice regarding the Depuy Synthes Spine’s Concorde Lift device which is used in spinal fusion surgery for people suffering from degenerative disc disease. Depuy Sythes Spine have now announced that the device is being recalled after a number of post-operative complaints were received. The manufacturers say patients who have received defective devices could be at risk for poor spine biomechanics, pain, reversible or irreversible spinal nerve injuries and malunion/non-union. Further use of the defective implants in the UK is to cease immediately. As of the date of writing this article we do not believe there have been any recall of this device in Ireland.

Award Winning Solicitors

Contact Us

Hanahoe and Hanahoe solicitors is an award winning law firm with a particular expertise is medical negligence and personal injury law. For further information in relation to an injury caused by a defective medical product or indeed any aspect of medical negligence or personal injury law, please do not hesitate to contact Hanahoe and Hanahoe solicitors at our Naas Office on 045 897784, at our Dublin office on 01 5255637 or at info@hanahoeandhanahoe.com. or on Facebook.

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of medical negligence, you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors and you, until you receive written confirmation that we are acting as solicitors on your behalf.

 

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

Hanahoe and Hanahoe nominated as Personal Injury & Medical Negligence Law Firm of the Year

Posted on by Luke Hanahoe

Personal Injury and Medical NegligenceHanahoe and Hanahoe solicitors were delighted to be nominated as Personal Injury & Medical Negligence Law Firm of the Year at this Irish Law Awards. Our firm is very proud of the all the hard work we have done over the years assisting countless numbers of clients who have suffered serious injuries as a result of accidents or medical negligence.  At Hanahoe and Hanahoe we take our responsibilities to our clients, the profession and the Court incredibly seriously. We are committed to continued development of our knowledge and expertise in all area’s of the law, but particularly in the areas of personal injury and medical negligence law*. We also strive to have the most update technologies and case management systems to ensure that we can provide our clients with the optimum service. We see this nomination for the this award as an acknowledgement  not only to our expertise in the areas of of personal injury and medical negligence law, but also of our commitment to our clients.

For further information in relation to personal injury or medical negligence claims please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 (Naas Office) or on  015255637 (Dublin office) or at info@hanahoeandhanahoe.com or on Facebook

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of personal injury or medical negligence law* you should consult with a solicitor who specialises in personal injury and medical negligence law*. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

 

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

Challenging A Parents Will – What Is A Section 117 Application?

Posted on by Luke Hanahoe
Being excluded

Challenging A Parents Will – What Is A Section 117 Application?

At Hanahoe and Hanahoe Solicitors LLP we have extensive experience acting for both the plaintiff and the defendant in cases contesting a parents Will. Such cases our brought under Section 117 of the 1965 Succession Act. But what are Section 117 Applications? A Section 117 Application, is an application brought before the Court by or on behalf of a child challenging the provisions made for them in their parents Will. The person bringing the application has to prove to the Court that the testator/parent “failed in their moral duty to make proper provision for the child in accordance with their means, whether by his will or otherwise.” If they Court accepts that proper provision has not been made, the Court can Order that such provision is made from the deceased Estate as they think is just.

When considering a Section 117 application, the Court must look at it from the “point of view of a prudent and just parent”. The Court must take into account the position that each of the testator’s (parent’s) children find themselves in and do what is fair and just not only to the child bring the application, but to the other children of the testator.

It is important to note that a Section 117 application must be made within six months of first taking a grant of representation, e.g. Grant of Probate, in the deceased’s estate. There is however no obligation on an executor to an estate to notify the children of their right to bring a Section 117 claim.

For further information please do not hesitate to contact Hanahoe and Hanahoe solicitors at our Naas Office on 045 897784 or at our Dublin office at 015255637 or by email at info@hanahoeandhanahoe.com or on Facebook

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of contesting a Will or Probate, you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors and you, until you receive written confirmation that we are acting as solicitors on your behalf.

 

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

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1000 plus health episodes may have been caused by defective medical devices

Posted on by Luke Hanahoe
Medical Negligence Claims

We are receiving an increasing number of enquiries from clients in relation to defective medical devices and potential medical negligence actions*. According to a recent article in the Irish Times more than ‘1000 adverse health episodes that might have been caused by medical devices’ were reported in 2017 to the Health Products Regulatory Authority (HPRA), the body sanctioned to monitor medical devices in Ireland. Such defective medical devices can cause serious injuries to the person these products have been inserted into. The Irish Times goes to report that of the 1041 incidents reported 2017, the HPRA have concluded their investigations in 594 of the cases. In 156 of these 594 cases, the patient’s condition has been definitively linked to the medical device. In fact according to the Irish Times ‘Overall, 80 per cent of the 2017 cases, for which investigations have been concluded, were found to be incidents which were caused, directly or partly, by the medical device, or which led to the manufacturer taking some type of corrective action’.

 

Doctors inserting medical deviseTwo major concerns with the medical device industry is 1) that if a product receives the CE Mark, which is essentially the Quality Approval Stamp, in one EU member state, it can be marketed across the EU. And 2) Medical devices are often allowed on to the market without human trials.  Instead the manufactures monitors the devices after they have been released to the market for any potential problems. This is what is referred to in the industry as ‘post market surveillance’.  unlike other products, these devices are often inserted into a patient’s body, so if a fault is detected and the product needs to be recalled, the consequences can be severe. As we have seen from the Vaginal Mesh scandal, it can often be very difficult to remove these devices and the damage caused to patients can be devastating. The other difficulty is that these devices may have been inserted into countless patients, before any defect is realised. This is why you often see what amount to class actions in these types of cases.

So what do if I feel I have been adversely affected by such a device?

 

Your first port of call should be to seek immediate medical advice. You should then report the incident to the HPRA so they can investigate the matter.

 

Do I have a Medical Negligence* case if I have been injured by a Medical Device?

 

Potentially. The law is governed by the Liability for Defective Products Act 1991 and in order to sustain a claim, you must prove firstly that you were injured, secondly that the medical device was defective and thirdly that there is a causal relationship between the defected device and your injury.

Unlike other clinical negligence actions *your case will most likely be against the manufacturer of the device and not against the hospital or doctor who inserted it. As it not technically a medical negligence action, it will generally not be necessary to obtain an expert report about the care you received. It will however be necessary to obtain a report setting out the injuries you sustained and it may be necessary to obtain an expert report from and engineer to set out the defect in the device.

Hanahoe and Hanahoe solicitors is an award winning law firm with a particular expertise is medical negligence and personal injury law. *For further information in relation to an injury caused by a defective medical product or indeed any aspect of medical negligence or personal injury law, please do not hesitate to contact Hanahoe and Hanahoe solicitors at our Naas Office on 045 897784, at our Dublin office on 01 5255637 or at info@hanahoeandhanahoe.com. or on Facebook.

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of medical negligence, you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors and you, until you receive written confirmation that we are acting as solicitors on your behalf.

 

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

 

Compensation for Victims of Workplace Robberies

Posted on by Luke Hanahoe
Image of robbery

Hanahoe and Hanahoe Solicitors LLPThe victims of workplace robberies can often suffer horrendous physical and psychological injuries injuries. Compensation for victims of work places robberies can be achieved in two ways. The first is the victim can make a claim under the ‘Scheme of Compensation for Personal Injuries* Criminally Inflicted’. The second is they can bring a Personal Injury Action*.

‘Scheme of Compensation for Personal Injuries* Criminally Inflicted’. The second is they can bring a Personal Injury Action*.

 

There are two major problems we see with bringing a claim under the ‘Scheme of Compensation for Personal Injuries* Criminally Inflicted’. The first is that the time limits are very tight. Three months form the date of the crime, save in exceptional circumstances. Secondly the scheme only pays the victims their out of pocket expenses and does not compensate them for the injuries they sustained. Further information on this scheme can be found  https://www.citizensinformation.ie/en/justice/victims_of_crime/victims_and_compensation.html

Personal Injury Actions*

If you are seeking compensation for the injuries you sustained you need to bring a personal injury action. At Hanahoe and Hanahoe solicitors we have acted for a numerous employees who were victims in robberies. Often these clients suffer serious psychological and physical injuries. Thankfully in our experience the physical injuries victim’s suffer then to be relatively minor, however the psychological injuries can be long lasting.

The difficulty with these cases is who do you bring your personal injury action against? Invariable there is very little point in bringing a case against the perpetrator of the crime, as they will not be a mark for damages. This then raises the interesting question of whether employers are liable for injuries sustained by their employees as a result of the criminal activity of a third party.

Employers Obligations

Employers have a statutory duty to provide their employees with a safe place of work and while they cannot always prevent crimes from taking place there are certain actions and precautions they should take to ensure the safety of their employees. Employers should:

  1. If appropriate provide proper security staff
  2. Have a working CCTV and/or security system in place
  3. Ensure staff are trained so they know what to do in a robbery type situation
  4. Ensure that staff are not left alone at their place of work

What should you do if you have sustained injuries in a robbery

If you have been the victim of a robbery at work you should:

  1. Immediately report the matter to an Garda Siochana
  2. Advise your employer of the incident and fill out an incident report form
  3. If you have suffered either physically or psychologically injures you should go and see your Doctor immediately
  4. Speak to a solicitor who specialise in Personal Injury Law*

For further information please do not hesitate to contact Hanahoe and Hanahoe solicitors at our Naas Office on 045 897784 or at or Dublin office at 015255637 or at info@hanahoeandhanahoe.com or on our facebook page 

For further information on work place accidents* on our main website.

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of personal injury law,* you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors and you, until you receive written confirmation that we are acting as solicitors on your behalf.

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

 

 

 

Roszczenia związane z nadmiernym podnoszeniem w miejscu pracy *

Posted on by Luke Hanahoe
Man lifting in warehouse

My w kancelarii „Hanahoe i Hanahoe” jesteśmy specjalistami w zakresie odszkodowań za szkody osobowe* i z powodzeniem reprezentowaliśmy już ogromną liczbę pracowników, którzy doznali poważnych obrażeń w wyniku nadmiernego i nieuzasadnionego podnoszenia, wymaganego w pracy. Nasi klienci często poddawani są dużej presji czasu oraz otrzymują zadania nierealne do wykonania i nie są w stanie wykonać wymaganego od nich podnoszenia w bezpieczny sposób. Takie warunki mogą prowadzić do poważnych urazów kręgosłupa. Obrażenia te mogą być wynikiem jednorazowego wypadku lub powtarzających się obrażeń wywołanych napięciem spowodowanym podnoszeniem o charakterze ciągłym, do wykonywania którego pracownik jest zobowiązany.

Zgodnie z Ustawą o Bezpieczeństwie, Zdrowiu i Opiece Społecznej z 2005 r. pracodawcy mają obowiązek zapewnić swoim pracownikom bezpieczny system pracy oraz odpowiednie instrukcje, szkolenia i nadzór tak, aby ich pracownicy mogli bezpiecznie wykonywać swoją pracę. Większość pracodawców zapewnia swoim pracownikom szkolenia, lecz często mają one formę prostego ćwiczenia pisemnego polegającego na zaznaczeniu odpowiedniego pola lub też kładą nacisk na to, aby ich pracownicy wykonywali nierozsądne zadania,co prowadzi do tego, że nie mogą oni postępować zgodnie z wytycznymi szkolenia, które otrzymują.

W wielu przypadkach szkolenie, jakie otrzymują pracownicy, jest zupełnie nieadekwatne i nie ma związku z zadaniami, których wykonania wymaga się od nich w miejscu pracy. Zgodnie z art. 10 Ustawy o Bezpieczeństwie, Zdrowiu i Opiece Społecznej z 2005 r. pracodawca zobowiązany jest do zapewnienia szkoleń i instrukcji dotyczących określonego zadania, które pracownik ma wykonać. Pokazanie, jak podnosić karton, nie jest odpowiednim szkoleniem, jeżeli na hali fabrycznej wymagane jest podnoszenie ciężarów o znacznie różniącej się wielkości i opisie. Ważne jest również, aby szkolenia były prowadzone w języku zrozumiałym dla pracowników oraz aby pracownicy mogli zadawać pytania i byli zachęcani do zadawania pytań dotyczących dowolnego obszaru, którego nie rozumieją.

Co powinienem zrobić, jeżeli doznałem obrażeń z powodu nadmiernego podnoszenia, które muszę wykonywać w pracy?

1. Zgłoś swojemu pracodawcy incydent, który spowodował uraz.

2. Uzyskaj natychmiastową pomoc medyczną od swojego lekarza rodzinnego. Być może
będziesz musiał udać się do lekarza zakładowego, ale zanim to zrobisz, powinieneś
zasięgnąć porady.

3. Zanotuj, co się stało, wyszczególniając to, co podnosiłeś, gdy doznałeś urazu, gdzie
odnosiłeś, skąd i dokąd, i jaką ten ciężar miał wagę.

4. Jeśli są świadkowie zdarzenia, zapisz ich dane i, jeśli to konieczne, wykonuj zdjęcia.

5. Powinieneś skontaktować się z naszym biurem, aby umówić się na konsultację.

Często zadawane pytania

1. Czy mogę zostać zwolniony z pracy lub ukarany za wzięcie udziału w sprawie przeciwko mojemu pracodawcy o obrażenia ciała?
Krótka odpowiedź brzmi: NIE. Więcej informacji można znaleźć na naszym blogu.

2. Czy mogę zostać zwolniony za podanie pracodawcy o odszkodowanie powypadkowe w pracy? Krótka odpowiedż brzmi: NIE. Aby uzyskać więcej informacji, odwiedź nasz blog lub skontaktuj się z nami: 04587784 lub 015255637.

1. Czy będę mógł uzyskać poradę w języku polskim w kancelarii ‘Hanahoe i Hanahoe’?
Tak, mamy w biurze polskiego doradcę.

2. Czy będę musiał zapłacić za konsultację?
Nie. Hanahoe i Hanahoe chętnie doradzają wszystkim klientom, którzy doświadczyli obrażeń ciała. Pobieramy opłaty tylko wtedy, gdy twoja sprawa zostanie wygrana. Udzielimy również szczegółowych informacji podczas wstępnych konsultacji oraz w naszej wstępnej korespondencji na temat obowiązujących opłat.

W celu uzyskania dalszych informacji prosimy o kontakt z radcami kancelarii „Hanahoe i Hanahoe” w naszym biurze w Naas pod numerem 045 897784 lub w biurze w Dublinie pod numerem 015255637 lub pod adresem info@hanahoeandhanahoe.com

Ten artykuł służy jedynie do celów informacyjnych i nie jest, i nie powinien być traktowany jako porada prawna. Jeśli masz jakiekolwiek pytania dotyczące tego lub innego aspektu obrażeń ciała, skontaktuj się z nami. Nie ma żadnej relacji typu adwokat i klient, ani żadnej odpowiedzialności pomiędzy kancelarią prawną ‘Hanahoe i Hanahoe’ a tobą, dopóki nie otrzymasz pisemnego potwierdzenia, że działamy jako prawnicy w twoim imieniu.

* W sprawach spornych adwokat nie może wymagać honorarium ani pobierać dodatkowych opłat będących procentem bądż częścią jakiejkolwiek nagrody lub ugody.