State braces for ‘tsunami’ of post-Covid claims from health workers

THE State could be facing a ‘tsunami’ of claims from workers in the emergency and hospital services who contracted coronavirus during the pandemic, legal experts have warned.

It follows revelations from the State Claims Agency (SCA) that it is already dealing with 90 post-pandemic claims.

A legal source told the Irish Mail on Sunday this week that the figures could represent ‘the tip of a very deep iceberg’.

The source said: ‘Claims like this can be a little like bankruptcy: the numbers start slowly but accelerate swiftly.

‘Could be the tip of a very deep iceberg’

‘There is some significance attached to the fact that the SCA are putting this group into a single cohort. It means they are watching it quite carefully. They seem to fear that a significant number of cases is expected.’

The figures emerged after Social Democrat co-leader Catherine Murphy asked the Minister for Finance the number of claims that have been taken against the State in respect of Covid.

Minister Paschal Donohoe revealed that the SCA has received 90 claims and said they came from ‘service users, staff members and members of the public across delegated state authorities’.

Ms Murphy warned against the State taking an adversarial litigious approach to the claims.

‘People have a legitimate right to make claims. Given that this was a pandemic, technically these are quite complex and difficult claims. It is not the traditional thing that happens in a hospital.’

She also suggested a sympathetic response by the State apparatus could see a reduction in claims.

Ms Murphy said: ‘Very often in situations like this people feel very aggrieved. People want acknowledgement and respect for their experiences. Engaging with them can have significant results.

‘These cases require careful handling and an empathetic response by the State rather than the usual reliance on an aggressive legal strategy. That won’t work here.’

Significantly, the State has already conceded that frontline workers placed themselves in jeopardy during the pandemic.

Health Minister Stephen Donnelly, responding to Dáil queries, said: ‘Both the Government and I recognise that the staff of the public health service have gone beyond the call of duty, providing patient care in frontline Covid clinically exposed environments, treating Covidpositive patients throughout the most challenging phases of the pandemic.

‘Many of those frontline public health sector workers contracted Covid and continue to suffer from Long Covid and remain unfit to attend the workplace.

‘The State has created a scheme, specific to the public health service, to provide for paid leave for public health service employees unfit for work post-Covid infection.’

Those who worked through the pandemic include:

■ Nurses and doctors;

■ Staff in long-term residential care facilities for people with disabilities;

■ Agency staff working in the HSE;

■ Health Care Support Assistants (also known as home help/ home care/ home support) contracted to the HSE;

■ Members of the Defence Forces;

■ Paramedics.

‘People have a right to make claims’