Health Care Workers
Health Care Workers operate in an environment that can sometimes expose them to risk. Employers protect people against such risks, and insurance schemes provide protection for employers against the cost of such risk.
However, there are injuries resulting from one's occupation which lead to more complex legal difficulties, such as Occupationally Acquired Infections.
An example of these type of injuries includes a doctor or healthcare worker becoming infected as a result of a needle-stick injury or infection, and acquiring an infectious disease, such as Hepatitis B, Hepatitis C or HIV.
This is a complex legal area, and expert legal advice is required by anyone in this extremely difficult position. Malcomson Law have expertise in this area, with a legal team who can answer queries and provide advice. Please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form.
Occupationally Acquired Infections - Compensation Scheme
Occupationally Acquired Infection situations should be addressed by no fault compensation schemes, but at the present time, there is a necessity to pursue such claims through the courts.
Persons injured in this manner are entitled to compensation for pain and suffering endured, loss of earnings sustained, and health care costs incurred.
There are also significant consequences for the individual who becomes infected. For example, there are impacts in terms of mortgage protection, life assurance and voluntary health insurance. Any severance package being negotiated must take these factors into account.
No life assurance company will ifurnish life assurance cover to any individual with reduced life expectancy, without at least a significant loading on such a policy. Therefore, the individual may be unable to take out a mortgage protection policy.
Salary protection policies may not be available to an infected healthcare worker.
Taking a legal action for compensation may lead to loss of anonymity, which means a loss of privacy, and potential stigmatisation.
Litigation is usually based on the Health and Safety and Welfare at Work Act 1989, which puts an onus on the employer to have due regard to the health and safety of healthcare professionals and to take the appropriate measures to safeguard their health and safety in the workplace.
Furthermore, there remains uncertainty regarding the position of doctors who have acquired an infection from their patients. GPs, for example, who are self-employed, may have no choice but to continue practising in their chosen profession, though potentially at some risk to their patients.
The circumstance of infection of healthcare workers with an occupationally-acquired contagious disease is a current problem, and there appears to be little willingness by the Irish State to deliver a fair and equitable solution.
Until a proper compensation scheme is introduced by the government, healthcare professionals will be left with no choice but to pursue litigation through the courts.
For further information, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form. Your query will be dealt with in the strictist of confidence and a solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.