Occupational Injury Benefit Late Claims SW101(A)

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The following circumstances, while they may be considered good cause for back-dating payment for 6 months, are not regarded as a basis for further backdating of payment of Occupational Injury Benefit:

  • lack of knowledge about your entitlements, Lack of knowledge by itself is not regarded as a sufficient reason for not claiming on time. The Department publishes information leaflets as widely as possible and advertises changes of legislation in the National Press. Information Offices are available throughout the country for people to make enquiries about their entitlements.
  • lack of knowledge by someone acting for you, Anyone who acts on your behalf should ensure that they avail of the information services provided by the Department and convey the correct information to you. Before you ask somebody to seek information on your behalf you should have sufficient reason to rely on them rather than seek the information yourself.
  • lack of knowledge by third parties,
  • an agency other than the Department of Employment Affairs and Social Protection gave you incorrect information or advice,
  • an individual or agency other than the Department of Employment Affairs and Social Protection failed to act.
  • In all of the above cases, the lack of knowledge, receipt of incorrect advice or information from any person, or the failure to act by anyone other than a person employed by the Department of Employment Affairs and Social Protection is not normally regarded as good cause for failure to claim at the correct time.

    For example, if, as part of your employer’s sick pay arrangements, you have to submit your Occupational Injury Benefit Claim via your employer you should ensure that they forward the claim to the Department within the prescribed time limit i.e. within 6 weeks of the start of your illness.

Last modified:23/05/2019