Benefits counted in accident damages
The Minister said only specified occupational injury payments must be counted in damages; other social insurance payments and children’s allowances may be disregarded. After the Deputy challenged the treatment of employer-funded benefits, she agreed to examine the issue further.
asked the Minister for Social Welfare which categories of social welfare payments must be taken into account by the court where claims are brought by injured persons for damages arising out of accidents; and which categories may be disregarded in assessing damages against the party responsible.
12.
Comment on this
asked the Minister for Social Welfare if she will arrange to seek an amendment of the law to provide that all social welfare payments to persons injured in accidents, whether on the road or at work, need not be taken into account by the court in assessing the damages against the party responsible.
Comment on this
With the permission of the Ceann Comhairle I propose to take Question Nos. 11 and 12 together.
The only social welfare payments which must be taken into account by the court in assessing damages in claims brought by injured persons are payments of injury benefit, disablement benefit and funeral grant under the occupational injuries scheme. It is not proposed to amend the law in respect of these payments.
The social welfare payments which may be disregarded in assessing damages in respect of injury or disease are all other social insurance payments and children's allowances.
Comment on this
Will the Minister of State explain the logic whereby credit is permitted to be given to insurance companies in settling these claims, the insurance companies taking credit in these circumstances for social welfare payments which have been given by the State?
Comment on this
The categories which can be disregarded are those involved in a tripartite payment. Those which are taken into account particularly are related specifically to occupational injuries where the whole contribution is made by the employer. It is felt that it is valid that that should be taken into account in these cases.
Comment on this
Is the Minister of State aware that if a person receives injuries in the course of his work he makes a claim? In the meantime the injured party has been receiving payments from the social welfare fund. When it comes to settling the person's claim the insurance company take credit for those payments which have come out of State funds. It seems entirely illogical. Could I ask the Minister of State to comment?