Statute of Limitations – the importance of identifying the correct date of injury

The High Court recently examined a statute of limitations defence regarding personal injuries allegedly suffered by a Plaintiff arising from work related stress.

The Plaintiff pleaded that she was vilified at her workplace following an allegation of workplace bullying made against her in or about June 2011. Thereafter, the Plaintiff attended with her medical doctor for treatment of work-related stress on or about 22 August 2011. She was eventually certified as unfit to work on 1 February 2012 and subsequently dismissed from her employment on 18 September 2012.

The Plaintiff subsequently sought authorisation from the Injuries Board on 24 March 2014 identifying 18 September 2012 as the date that she first sought medical attention for work-related stress.

The defendant sought to have the proceedings struck out on the basis that the application to the Injuries Board was not made within the correct time limit.

In the Judgment of Mr Justice Max Barrett delivered on 31 July 2015, the Court was satisfied that the proceedings were not issued within the time limited prescribed in Section 2 of the Statute of Limitations (Amendment) Act 1991. In particular, the Judgment stated that the Plaintiff was patently possessed of the statutorily required knowledge at the latest on 1 February 2012, yet the application for authorisation was not made to the Injuries Board until the end of March 2014.

The proceedings were struck out on this basis.

Karen Stapleton v St Colman’s (Claremorris) Credit Union Limited [2015] IEHC 510

A full copy of the decision can be viewed here.