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info@eastcorkjournal.ie


East Cork Business Post Know Your Rights : Retirement Age


If an employee has Question


My employer says that I have to retire when I reach the age of 65. Can an em- ployer make you retire at a certain age?


Answer There is no single fixed retirement age for employ- ees. If you are employed,


your retirement age should be set out in your contract of employment. The usual retirement age in contracts of employment is 65.


Many contracts have pro- visions for early retirement from age 60 (or in some cases from age 55) and most have provision for early re- tirement on health grounds.


Some occupations – for ex- ample, firefighters, An Garda Síochána and the Defence Forces – have provisions for earlier retirement.


While employment equal-


ity legislation prohibits dis- crimination on the grounds of age, employers are still al- lowed to set retirement ages in employment contracts.


Since 1 January 2016, under the Equality (Miscellaneous Provisions) Act 2015 an em- ployer may set a compulsory retirement age if the employ- er can objectively justify the retirement age of an employ- ee. This could be for health and safety reasons, for ex- ample, the physical demands and requirements of the job.


reached the employer’s man- datory age of retirement, this legislation provides that they may still be legitimately of- fered fixed-term contracts, provided that it is objectively justified. The provisions of the Protection of Employees (Fixed-Term Work) Act 2003 would still apply. The Workplace Relations Commission (WRC) pro- vides information on your rights and entitlements under


Thursday, 25th


May 2017


employment legislation. For further information about your contract of employment and retirement age you can contact the WRC’s Informa- tion and Customer Service at Lo-call 1890 80 80 90 or through the website, work- placerelations.ie.


This column has been pre-


pared by Youghal and Cobh Citizens Information Cen- tres. The centres provide a free and confidential service to the public.


The Youghal Centre is lo-


cated in No. 128, North Main Street, Youghal. Tel: 07610-78040 : Email: youghal@citinfo.ie The Cobh Centre is locat-


ed at St Coleman’s Parish Centre, Roches Row, Cobh. Tel:


07610-77960 : Email:


cobh@citinfo.ie Information is also available online at www.citizensinformation.ie and from the Citizens Infor- mation Phone Service, Lo- call 07610 74000.


Know Your Rights: Long-term illness and the State Pension


Question I’ve been on Illness Ben-


efit for over a year. I don’t ever expect to be fit to return to work. As I’m now near- ing pension age, will I be entitled to a full State Pen- sion (Contributory)?


Answer


The State Pension (Con- tributory) is paid to people from the age of 66 who have enough social insurance


contributions. To qualify, you will need to have paid at least 520 full-rate contribu- tions, which is equivalent to 10 years. The amount of the pension will depend on your average number of contribu- tions per year. Illness Bene- fit is paid for a maximum of two years. It will end before that if you turn 66, when you may be eligible for a State Pension. You should apply for the State Pension


three months before your 66th


birthday. If your entitlement to


Illness Benefit ends before you reach pension age at 66 and you are likely to be per- manently incapable of work, you may qualify for Invalid- ity Pension. To get Invalidi- ty Pension you must have at least 260 (or five years) paid PRSI contributions and 48 contributions paid or cred- ited in the last complete tax


year before the date of your claim. The last complete tax year is the year before your claim. For example, if you claim Invalidity Pension in 2017, the last complete tax year is 2016. Note that only PRSI paid in classes A, E and H currently count. If you get Invalidity Pen-


sion, you will automatically transfer to the State Pension (Contributory) at the full rate when you turn 66.


Legal Matters What Are Your Legal Rights If You Have Been Involved In An Accident places. In all the above type of ac-


by STEPHEN COPPINGER


If you have been involved in an accident, you have le- gal rights and you can poten- tially bring a claim against the wrongdoing party. Ste- phen


Coppinger Solicitor,


with Walsh & Partners, So- licitors, provides some advice in respect of the process of bringing such a claim. There are a variety of fac-


tors which result in accidents occurring. The three most common types of accidents are:


1. Road traffic accidents


which normally arise out of a motor collision involving motorists and pedestrians. 2. Accidents at the work-


place. 3. Accidents in public


cidents, insurance will nor- mally be in place. Motorists are required by law to ensure their vehicle is insured. An occupier of a public place or an employer should have a public or employers liability policy in place. If parties are involved in an accident they should immediately report it to their insurers. If an accident is reported


early, it allows for proper in- vestigation to be carried out and it is helpful in proving causation that any injuries suffered are arising from the accident. In this regard it is advisable


to attend your


GP or hospital on the day of the accident or as soon as possible. Under legisla- tion, it is possible to obtain a court order that the scene of the accident is preserved as much as possible in order that accidents can be fully in- vestigated.


Liability is then investigat-


ed by the insurance compa- nies and they will normally make a decision then as to whether they intend to dispute fault or admit the claim. It may be necessary to involve a third party not covered under the road traf- fic, employers or public lia- bility insurance policy if the wrongdoing arises out of the actions of a third party. An example of this would be if an employment accident oc- curred as a result of an inju- ry arising out of a defective product such as machinery or


equipment which was


manufactured by a third par- ty and not your employer but the accident occurred at the workplace. If you have suffered an


injury arising out of an ac- cident


it is advisable that


you consult a solicitor. The procedure is that


the solic-


itor will then write a letter of claim to the appropriate


parties or insurance compa- ny and it’s advisable that you then attend a treating doc- tor. If the injury is minor in nature, you would normally attend a general practition- er but for more serious in- juries it is advisable you are treated by a specialist such as an orthopaedic surgeon depending on the nature of the injuries. Your solicitor will ask your


treating medical expert to complete a report which will set out the injuries suffered as a result of the accident and will often give a progno- sis as to when you are likely to recover from your injuries. The prognosis will often be contingent on whether fur- ther surgery is required. The doctor will normally not be in a position to give a final prognosis until the injuries have settled post-surgery. Under Irish Law there is


a limitation period and you have two years to bring a


Tel: 021 463 8000 • Email: info@eastcorkjournal.ie • Web: www.eastcorkjournal.ie


case for personal injury to the courts. However before a case can be brought, an application has to be made to the Injuries Board. Once a claim is submitted to the Injuries Board, the limita- tion period stops to run and it begins to run again once it leaves the Injuries Board. The Injuries Board nor- mally assess a claim which can take a number of months and they make a decision as to whether they will offer an award or alternatively they will give authorisation to is- sue court proceedings. The Injuries Board do not accept certain claims such as psy- chological cases. You have the option to accept or reject the award offered. If you re- ject, the Injuries Board will then give you authorisation to issue court proceedings. Depending on the severity


of the injury and the level of damages sought, your So- licitor will then decide as to


what the appropriate court


to sue in is. The courts for bringing personal injury claims are the District, Cir- cuit and High Court. Dam- ages normally consist of an award for pain, suffering and loss and you can also claim for quantified damages aris- ing out of an accident. An example of this would be loss of earnings or medical expenses. It is also worth noting


that if you are a dependent of somebody who suffered a fatality resulting out of an accident, an action can be pursued against the wrong- doer. This is known as a fa- tal injury claim. Dependents are normally spouses or chil- dren. A claim can be made if the dependent has suffered financial loss or mental dis- tress as a result of the acci- dent. If you have suffered an


accident or if you are a de- pendent of somebody who


eastcorkjournal


has died resulting from an accident, is advisable to con- sult a Solicitor as soon as possible as you may be enti- tled to damages. It is impor- tant that any accidents are reported immediately and the relevant insurance com- panies are notified. Stephen Coppinger is a


solicitor practicing in Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork. Telephone: 021-4270200 Email: info@walshand-


partners.ie Web: www.walshand-


partners.ie Disclaimer: While every


care is taken to ensure ac- curacy of information con- tained in this article, solicitor Karen Walsh does not ac- cept responsibility for errors or omissions howsoever aris- ing, and you should seek le- gal advice in relation to your particular circumstances at the earliest possible time.


@eastcorkjournal / #eastcorkjournal You will be contacted


by the Department of So- cial Protection before your Illness Benefit is due to stop and you will be given infor- mation about your options. If at that stage, you don’t qualify for Invalidity Pen- sion and have a disability that is expected to last for a year or more, you may qual- ify for a means-tested Disa- bility Allowance. You can get detailed in-


formation about the State Pension and payments for people with long-term illnesses from the website of the Department of Social Protection.


This column has been prepared by Youghal and Cobh Citizens Information Centres. The centres pro- vide a free and confidential service to the public. The Youghal Centre is located in No. 128, North


Main Street, Youghal. Tel: 07610-78040 : youghal@citinfo.


Email: ie


The Cobh Centre is locat-


ed at St Coleman’s Parish Centre, Roches Row, Cobh. Tel: 07610-77960 : Email: cobh@citinfo.ie Informa- tion is also available online at www.citizensinforma- tion.ie and from the Citizens Information Phone Service, Lo-call 07610


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