Dublin City Council staff injured at work get almost €2.5m in compensation in three years

Council urged to use mediation services to reduce claims bill

Last year, Dublin City Council, which employs more than 5,500 workers, received 65 personal injury claims from staff. Some 49 claims were settled and €1,001,370 was paid out in compensation. Photograph: Frank Miller
Last year, Dublin City Council, which employs more than 5,500 workers, received 65 personal injury claims from staff. Some 49 claims were settled and €1,001,370 was paid out in compensation. Photograph: Frank Miller

Dublin City Council has paid out almost €2.5 million in compensation in the past three years to its own staff who were injured while at work, new figures reveal.

According to information released by the council, a total of €2,392,455 has been paid out in compensation payments as part of personal injury cases taken against the council by employees.

Last year, the council – which employs more than 5,500 workers – received 65 personal injury claims from staff. Some 49 claims were settled and €1,001,370 was paid out in compensation.

In 2011, staff lodged 67 claims against the council, of which 47 were settled at a cost of €925,438.

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In 2010, compensation payments cost €465,647 after 58 cases were initiated with settlements reached in 42 claims.

The compensation bill could rise because, according to the latest statistics, there are still 155 outstanding employee personal injury claims pending at various stages of the legal process. Some 37 claims are before the High Court, 46 are at Circuit Court level and the remainder are at the pre-proceedings stage, according to a council spokeswoman.


Mediation efforts
None of the claims are being processed through mediation or alternative dispute resolution (ADR) services, which are available to either party.

Nial Ring, an Independent city councillor and a qualified mediator, says more emphasis needs to be placed on mediation efforts because it will dramatically reduce the spiralling costs. "As a mediator I'm well aware of the benefits of ADR and I'm surprised that it hasn't been taken up in these cases. Its benefits in terms of cost savings and speedy resolutions are well known," he said.

He added that many council employees such as fire fighters do work in potentially dangerous jobs, but he added that to keep the number of legal cases and costs down, management needed to take a more proactive approach and promote mediation methods.


Personal injury
In one employee case last year, a law firm recovered €44,000 for a council worker who took a personal injury case against the council after a 2009 fall at work. The woman sustained injuries while working in a recently refurbished building when part of a set of stairs gave way.

A city council spokeswoman confirmed that all of the 155 outstanding legal claims pending against the council are personal injury actions taken by staff who claim they were injured while at work.

“The city council defends each case brought against it on the basis of the legal advice provided until the case is settled or decided upon by the court,” she said.

She added that employees usually stay at work during their legal action if they can and confirmed that compensation claims below €500,000 are met from council coffers.

“Money paid out in compensation claims is met from the council’s revenue budget each year. The council’s public liability and employers’ liability insurance meets the cost of claims in excess of €500,000.”

She added: “Mediation is used by the city council whenever possible. It must be agreed to by all parties concerned.”

Every year, the council also receives hundreds of legal claims from members of the public. In 2012, around €6 million was paid out in compensation to members of the public.