(Cavan) asked the Minister for Social Welfare if it is a fact that the Social Welfare (Occupational Injuries) Act regulations make no provision for the payment of fees for medical reports or legal fees; if so, if he is aware that it is a hardship on injured workmen, as it is frequently necessary to incur these fees to bring their claims to a successful conclusion; and what action he proposes to take to remedy the situation.
Ceisteanna—Questions. Oral Answers. - Occupational Injuries Claims.
25.
Persons claiming benefit under the Social Welfare (Occupational Injuries) Act, 1966, are not required to provide medical reports nor to be legally represented. If a medical report is required for the proper determination of a claim it is obtained and paid for by the Department; so also are medical certificates of incapacity. Where a claimant has a medical or legal representative at an appeal hearing, the appeals officer may award any costs he considers reasonable.
(Cavan): Would the Minister not agree that a claimant would require a medical report in order to satisfy himself whether he was entitled to benefit under the Occupational Injuries Act and that it is impossible to get such a report without paying for it?
If the Department are satisfied with the medical certificate ordinarily sent in payment is made. If they want further evidence their own medical referees may go out. If still further specialised proof is required a specialist of the Department may also examine the claimant and there is no cost to the claimant.
(Cavan): Would the Minister not agree that an applicant is fully entitled to have an independent opinion and to get a report from such a specialist? From the Minister's reply the applicant seems to be confined to the Minister's and the Department's referees and medical people nominated by the Department. Surely that is loading the service against the worker?
I do not agree. In the first instance a medical certificate is sent in by the claimant.