Luke Hanahoe

Ile powinienem podnosić w pracy i co uważam za nadmierne?

Posted on by Luke Hanahoe
Spinal injury image

Ile powinienem podnosić w pracy i co uważam za nadmierne?

Adwokaci „Hanahoe i Hanahoe” są specjalistami w zakresie odszkodowań osobistych *. Przez lata z powodzeniem reprezentowaliśmy ogromną liczbę pracowników, którzy odnieśli poważne obrażenia w wyniku nadmiernego i nieuzasadnionego podnoszenia wymaganego w pracy. Co to jest nadmierne podnoszenie i jakie są racjonalne wymagania co do podnoszenia w pracy?

Większość pracowników przechodzi obecnie szkolenia w zakresie obsługi manualnej. Jednak często szkolenia te są nieodpowiednie lub ignorowane czy też niemożliwe do przeprowadzenia ze względu na obowiązki, jakie pracownicy muszą wykonywać w pracy.
W broszurze wydanej przez organ promujący zdrowie i bezpieczeństwo wydanej w 2005 r. “Wytyczne dotyczące zarządzania wykonywaniem czynności manualnych w miejscu pracy” wyraźnie określono zalecenia dotyczące wagi ciężarów, których mężczyźni i kobiety powinni z uzasadnionych powodów oczekiwać pracy. W przewodniku tym zaleca się, że mężczyźni powinni podnosić nie więcej niż 10 kg powyżej wysokości ramion. Na wysokości łokcia limit wynosi 25 kg. Limity te dotyczą tylko sytuacji, gdy jesteś w stanie podnieść przedmiot blisko ciała. Jeśli podczas podnoszenia musisz wyciągnąć ręce, powinieneś podnosić tylko 5 kg powyżej wysokości ramion i 15 kg na wysokości łokci. Wytyczne dla kobiet wynoszą 7 kg na wysokości ramion (3 kg, gdy ramiona są rozciągnięte) i 13 kg na wysokości łokci (7 kg, jeśli ramiona są rozciągnięte).
Podnoszenie ciężarów nad głową nie jest w ogóle uwzględniane przez przewodnik, ponieważ ryzyko spowodowania obrażeń przez pracownika jest uważane za zbyt duże. Zauważono również, że częste lub długotrwałe podnoszenie powyżej wysokości ramion jest szczególnie niebezpieczne. Przewodnik zaleca, aby pracownicy, którzy wykonują taką pracę, mieli częste przerwy na odpoczynek, a tempo pracy, do jakiego są zobowiązani, nie powinno być nadmierne.

Niestety, te wytyczne często są nie przestrzegane przez pracodawców i spotykamy wielu klientów, którzy odnieśli poważne obrażenia kręgosłupa w wyniku nadmiernego podnoszenia wymaganego w miejscu pracy.

W celu uzyskania dalszych informacji prosimy o kontakt z radcami „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.

5 Things you should not to do if you have been involved in an accident at work where you have sustained personal injuries.*

Posted on by Luke Hanahoe

Being involved in an accident where you have sustained personal injuries* can be very traumatic and stressful. This stress can be heightened if the accident happened at work, particularly if you are worried about the implications it may have on your employment or if you are put under pressure from your employer. If you have been involved in such an accident and you have sustained injuries* you should follow the below instructions:

 

  1. Never admit liability (ie. do not say that the accident was your fault);
  2. Never sign anything in relation to the accident, without consulting with a solicitor who specialises in personal injuries* law;
  3. Where possible do not attend the company doctor, attend your own medical practitioner. If you do attend the company doctor, ensure that you are doing so in your private capacity. It is important that you also ensure that none of your personal information is released to your employer or their insurance company;
  4. Never speak to your employer’s insurance company without consulting with a solicitor who specialises in personal injury* law;
  5. Never ever enter into settlement negotiations without consulting with a solicitor who specialises in personal injury* law. In the early aftermath of an accident, it is very hard to know how badly you have been injured or what medical treatment you may require in the future. It is therefore for very difficult to know what your claim is worth. Insurance companies will often try to settle claims early in order to limit their exposure;

 

For further information in relation to an accident at work or indeed any aspect of personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

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 you and 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.

5 things you should do if you have suffered personal injuries* as a result of an accident at work.

Posted on by Luke Hanahoe

Being involved in an accident, especially one where you have sustained personal injuries* can be very stressful. If the accident happened at work it can be very difficult to know what to do, especially if you are worried about the implications it may have on your employment. This is particularly important if you have been employed for less than twelve months. If you’ve been involved in such an accident and you have been injured*, here are some tips about what you should do:

 

  1. Provided that your injuries* are not of such a serious nature that you are unable to do so, you should immediately report the accident to your employer.
  2. You should take a note of any witnesses to the accident and where possible obtain their contact details.
  3. You should try to ascertain whether the area where the accident occurred is covered by CCTV Footage.
  4. Regardless of whether you believe your injuries* are significant or not, you should contact your medical practitioner.
  5. If you have sustained injuries* in the accident and you want advice, you should consult with a solicitor who specialises in personal injury* and employment law.

 

 

For further information in relation to accidents at work or indeed any aspect of personal injury* or employment law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

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 employment law, you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe & 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.

 

Switching your mortgage could save you thousands of Euro

Posted on by Luke Hanahoe

It’s amazing how savvy people can be when it comes to cutting the costs of their household bills such as heating or groceries, yet they continually overlook their most significant household expense – their mortgage.

According to the Central Bank, the average interest rate being charged by Irish banks is 4.26%, and that’s only the average – there are many people on rates of 4.5% or higher. Such rates are particularly prevalent for people that took out mortgages between 2009 and 2013. During this period, people were so relieved just to have their mortgage application approved that they really were not particularly concerned what the interest rate was. However, this is something they should be looking into now, because switching your mortgage can lead to significant savings.

The current interest rates being offered by the banks are somewhere between 3.3 and 3.9%. If you consider someone who took out a 30 year mortgage in 2011 on €250,000 at 4.4%, their monthly repayments would be somewhere in the region of €1,346 a month. If that person drew down that mortgage today at, say, a 3.6% interest rate, they would be paying somewhere in the region of €1,235 a month. That’s a saving of €1,332 a year. Over the course of a 25 year mortgage that would save you €34,760.

Not only that, but all the banks are aggressively competing with each other to entice potential customers to switch banks for their mortgage. Many of the banks are offering to pay all, or part, of your legal fees, some banks are even offering cash back to customers.

So what’s the catch? There is none, really. Obviously the banks will only be seeking to take over mortgages that are operating well. So if your mortgage is in arrears and you are in poor financial health, you may not eligible. You will also have to get a new valuation of your home from an auctioneer, which generally costs about €150 plus vat, but that’s it. By and large, your legal fees will be taken care of by the bank, and when you look at the yearly saving you could make, it really is a no-brainer.

 

For further information on switching your mortgage or indeed any aspect of property/conveyancing law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other area of property/conveyancing law, you should contact us. 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.

 

 

Can I bring a personal Injury* claim if I have been attacked by a dog?

Posted on by Luke Hanahoe

Dog attacks can cause serious personal injuries* and, in many cases, can also result in the victim suffering serious psychological injuries.

Such attacks have been legislated for under Section 21 of the Control of Dogs Act 1986. This section provides that the owner of the dog shall be liable for the personal injuries* caused in an attack on any person by the dog. It is not necessary for the person bringing the personal injuries* claim to show that the dog had a previous mischievous propensity, or indeed to show that such injury was attributable to neglect on the part of the owner.

Such attacks are generally covered by the owner’s household insurance. However, it is not necessary for the attack to take place on the owner’s property. Therefore, if you have suffered personal injuries* as a result of an attack which happened outside of the owner’s property, the owner’s insurers are still liable to compensate you for the personal injuries* caused.

If you have suffered personal injuries* as a result of a dog attack, you should immediately do the following:

  1. Seek medical attention;
  2. Report the incident to the Gardaí;
  3. Attempt to identify the owners of the dog and report the incident to them;
  4. At the earliest possible opportunity consult with a solicitor who specialises in personal injury* law.

DSCF4521For further information in relation to personal injuries* caused by a dog attack or indeed any aspect of personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

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 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 you and 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.

I am not the type of person who brings a personal injury* claim.

Posted on by Luke Hanahoe

 

I recently met a lady who, throughout the course of our conversation, informed me that her husband had been very badly injured in an accident* at work. I asked her ‘Did he do anything about it?’ She informed me that he had not brought a personal injury action*, as he was not the type of ‘person who claims.’

The lady spoke about bringing a personal injury claim*, as if it was something akin to committing a criminal offence. While speaking to the lady, it occurred to me what a wonderful job insurance companies PR firms had done, in deterring ordinary decent people from obtaining legitimate compensation for injuries* they had sustained because of the negligence of a third party.

The insurance companies’ PR machine is so persuasive, that not only was this man not going to seek compensation, he was also prepared to pay for all the various expenses associated with his injury. This included an operation, which ironically enough, he had to pay for himself, as it was not covered by his health insurance.

Being involved in an accident*, especially one where you have suffered serious personal injury* can be a very traumatic experience. Not only do you have to deal with the associated pain of your injuries, but you also have to deal with the aftermath of an accident* which can be very frustrating, as your injuries can often restrict your general enjoyment of life. This is without even considering the financial consequences of being injured in an accident*. Many people are unable to work because of their injuries, resulting in serious loss of earnings, not to mention the associated medical expenses.

I do not, nor indeed do anyone at Hanahoe and Hanahoe, condone or act for people who attempt to bring false or fictitious claims. However, we see no reason why someone who suffers an injury in an accident*, which is not their fault, should be further penalised, because they are too ashamed to seek compensation. People need to remember that insurance is big business and all insurance companies are concerned about is their bottom line. Shaming people into not seeking appropriate compensation for their injuries increase that bottom line, but it does so at a significant cost to the injured party.

 

For further information in relation to accidents* or indeed any aspect of personal injury law*, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

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 you should contact us. 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.

 

 

 

Is there anything I can do if I have been involved in an accident* while on holiday abroad?

Posted on by Luke Hanahoe

 

Although you might not believe it from looking out the window, but we are well and truly in summer holiday season. As we can never rely on the Irish weather and as the Irish economy thankfully continues to grow, many people have planned to holiday abroad. Unfortunately, every year a portion of people’s holidays are ruined, when they are injured in accidents* while they are abroad. So do these people have any recourse in the Irish courts?

This depends on how the accident occurred and more particularly how your holiday was booked. Under the Package Holiday and Travel Trade Act 1995, if you suffered personal injuries in an accident whilst abroad, on an organised package holiday, you can successfully bring a claim against the company or the tour operator who organised the holiday. This is obviously dependant on you showing that the accident was caused by the negligence of a third party that was or should have been under the control of the Tour operator.

Tour operators have a duty care to their customers, and are liable to compensate you for any damage caused by their failure to perform the contract or by the improper performance of the contract they have with you. This duty of care extends to third parties engaged by the tour operator, such as the hotel or the transport providers. As such, they are obliged to provide you with safe and hygienic accommodation and transport.

Therefore, if you are injured because you are caused to slip and fall at the poolside because it is excessively wet and not monitored appropriately or you are injured by a hazard in the hotel or you get food poisoning due to the unhygienic preparation of the food at the hotel, you may be able to bring a personal injury action* against the tour operator, through the Irish Courts.

If you are unfortunate enough to be in such an accident*, you should immediately report it to both the hotel manager and your tour operator. However, you should never discuss the issue of compensation until you have sought the advice of a solicitor who specialises in personal injury law*.

For further information in relation to accidents or indeed any aspect of personal injury law*, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

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 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.

 

 

 

 

The Creighton Case shows that the State can be liable for Personal Injuries caused to one inmate by another.

Posted on by Luke Hanahoe

The Creighton Case shows that the State can be liable for Personal Injuries caused to one inmate by another.

In June 2013, Mr Creighton was awarded €150,000 by the High Court in his action against the State for personal injuries he sustained in an unprovoked attack by a fellow inmate. This was heralded as a land mark decision, as it was the first time in Ireland that a plaintiff had been successful in a personal injuries claim against the State for injuries caused by another prisoner.

However despite the publicity the case received, it did not change personal injuries law in Ireland, nor did it change the duty of care that the State owes prisoners in its care. Although this is the first time such a case has been successfully taken against the State, the State have always had a duty of care to take all reasonable precautions to ensure that prisoners are not exposed to the risk of injury.

What was perhaps most notable about this case is that for the first time a prison expert gave evidence on behalf of the plaintiff. This evidence was vital to the plaintiffs claim being successful.

If you have any queries regarding personal injuries or any other aspects of Law, please do not hesitate to contact Hanahoe and Hanahoe, Solicitors, 16 North Main Street, Naas, County Kildare.

Tel: 045 897784     086 6013611 (24 hours)

Email: info@hanahoeandhanahoe.com

Website www.hanahoe-solicitors-naas.ie

 

 

Will the Courts take a Pre-Nuptial Agreement in to consideration in Family Law Proceedings?

Posted on by Luke Hanahoe

While the Family Law Courts are not obliged to take the contents of a Pre-Nuptial Agreement in to consideration in Family Law Proceedings, there is nothing preventing them from doing so. Indeed in more and more circumstances the Courts are taking into account the contents of Pre-Nuptial Agreements and using them as a guide in the distribution of assets.

 

So what is a Pre-Nuptial Agreement?

A Pre- Nuptial or Anti-Nuptial Agreement is a contract entered into by two individuals prior to them getting married, which make provision for financial and property matters and other issues, following the breakdown of the marriage. These agreements can cover a wide range of issues such as lump sum payments, pensions, maintenance and succession rights.

 

Are prenups legal in ireland?

It must be remembered that there is no legal basis for Pre-Nuptial Agreements in Irish law and that they are therefore not enforceable. That said, it is likely that the Court will give some consideration to a properly drafted Pre –Nuptial Agreement which satisfies the following criteria:

 

  1. That the agreement is in writing.
  2. That the agreement is signed and witnessed
  3. That both parties to the agreement have obtained independent legal advice
  4. That there has been a full disclosure by both parties of all assets, liabilities and financial information.
  5. That both parties sign an acknowledgement that the agreement is legally binding.
  6. That both parties have been given time to consider the agreement and its contents. Ideally not less than 12 weeks.
  7. That the agreement was not entered into less than 28 days before the couple intend to marry.
  8. That neither party were put under any undue influence.
  9. The agreement should contain a review clause, so the agreement is reviewed every five years, after the birth of any children or when there has be a sufficient change in the family or either parties financial circumstances

 

Post-Nuptial Agreements can also be entered into by married couples, but again if you wish the Family Law Courts to give them any consideration they should satisfy the above criteria.

 

For further information on Pre-Nuptial Agreements or indeed any aspect of Family Law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

 

This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other Family Law matter, you should consult with a solicitor who specialises in Family 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.

Am I entitled to bring a Personal Injuries* Claim if I was not wearing a seatbelt?

Posted on by Luke Hanahoe

If you have been unfortunate enough to be involved in a road traffic accident, where you have suffered injuries* you may wish to bring a personal injuries* claim to compensate you. There are three key components to any successful claim. Firstly, the accident most result in personal injuries*. Secondly, the accident most be caused as a result of negligence and thirdly, the issue of liability.

Liability is often very clear- cut, such as if you are rear-ended while stopped at traffic lights. In such circumstances, the third party has to be liable. In the ordinary course, the negligent third party will be liable to compensation you fully for all personal injuries*, loss, damage and expense arising out of the accident. However, there are certain exceptions, the most obvious one being where you were not wearing a seatbelt.

You are legally obliged to wear your seatbelt when travelling in a car. If you are in a road traffic accident* where you are not wearing a seatbelt, it is very likely that the personal injuries* you suffer, will be far greater than they would have been, had you being wearing your seatbelt. It is therefore extremely likely that a judge will determine that you were negligent in failing to wear a seatbelt and therefore you contributed to your injuries.

Although you should be compensated for your personal injuries* as the accident was not your fault, the level of compensation may well be reduced. The amount of this reduction will depend on the medical evidence produce at the hearing. There is case law to guide a judge on the level of reduction he/she should attribute to your failure to wear a seatbelt. According to the case law, if, had you been wearing your seatbelt, you would have had no injuries at all from your accident,  then there should be a 25% deduction in compensation. If, you would have suffered from injuries, but they would not have been as severe, then there should be a 10% deduction. In the event that your seatbelt would not have made a difference to your injuries, there may be no deduction at all.

For further information on road traffic accidents* or indeed any aspect of law personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

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 consult with a solicitor who specialises in personal injuries.* No solicitor/client relationship or duty of care or liability of any nature exists between you and 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.