A question which we are frequently asked in Bruce St. John Blake is whether an employer is obliged to pay an employee who is injured in an accident at work.
There is no legal obligation on an employer to pay an employee’s wages despite the fact that the injury occurred at work. In this situation, the injured employee is only entitled to Social Welfare payment from the state.
The exception to this position is where there is a condition in the contract of employment where the company agrees to pay the employee’s wages whilst he/she is off work due to the injuries for whatever length of time stated in the contract.
Similarly, the medical or hospital expenses may be paid by the employer, but again there is no obligation to do so unless provided for in the contract of employment. Also, some employers might pay all or part of the medical expenses but decline to pay the loss of earnings.
However, the loss of earnings and medical expenses will often form part of a claim in the event that the employee makes a claim to the injuries board or in any legal proceedings.