Work Accident Claims in Ireland
A work accident does not, by itself, establish that an employer is legally responsible. A claim depends on the circumstances, the workplace duty said to have been breached, medical causation and supporting evidence.
- Workplace duties and risk assessment
- Accident records and other evidence
- Medical evidence, causation and the claims process
Speak with Lalloo Solicitors about a personal injury matter
Work accident claims in Ireland
Work accidents can arise from manual handling, falls, machinery, workplace vehicles, electrical incidents, industrial or factory processes, farming and sharps. The fact that an accident happened at work does not by itself determine responsibility. The work activity, the hazard, the precautions in place and how the accident caused the injury must be examined.
This page is the main hub for work accident claims. More specific information is available about:
- lifting and manual handling, including back injury claims;
- accidents involving personal protective equipment;
- farm accident claims;
- needlestick injury claims;
- falls from ladders or exposed areas;
- factory, machinery, forklift and workplace-vehicle incidents;
- electrical incidents; and
- slip and trip claims.
These examples describe accident circumstances only. Whether legal responsibility arises depends on the evidence in the individual case.
Employer duties and legal responsibility
Section 8 of the Safety, Health and Welfare at Work Act 2005 requires an employer to ensure, so far as is reasonably practicable, employees’ safety, health and welfare at work. The duty includes managing work activities, maintaining a safe workplace and safe plant or machinery, providing safe systems of work, and providing the information, instruction, training and supervision needed for the work.
Where a risk cannot be eliminated or adequately controlled, suitable protective clothing and equipment may also be required. Section 19 requires workplace hazards to be identified and the risks assessed in writing.
An accident or the existence of a statutory duty does not automatically establish liability. The evidence must show the relevant hazard or alleged failure, how it affected the accident and how the accident caused the injury complained of.
Evidence after a workplace accident
Evidence that may be relevant includes:
- the accident or incident report, including the date, time, location and work being performed;
- photographs, video and any available CCTV footage;
- the names and contact details of witnesses;
- the applicable risk assessment, safety statement, safe system of work or method statement;
- training, instruction and supervision records;
- inspection, maintenance and repair records for relevant plant, machinery or equipment;
- records relating to personal protective equipment;
- work instructions, rosters and relevant correspondence;
- medical-attendance and treatment records; and
- documents recording expenses or loss of earnings attributed to the injury.
Records should be identified and preserved promptly where possible. Their availability and significance will depend on the particular workplace and accident.
Medical evidence and causation
Medical evidence should record the symptoms reported, examination findings, diagnosis, treatment and prognosis. It should also address whether the workplace accident caused a new injury or aggravated an earlier condition.
A previous injury or medical condition does not by itself determine the claim. It should be disclosed accurately so that the medical evidence can distinguish the earlier condition from any change attributed to the accident.
Personal injury and employment issues are different
A personal injury claim concerns an injury and loss allegedly caused by a legal wrong. A grievance, dismissal, penalisation, equality complaint or other employment issue follows separate procedures and may have different time limits. The existence of one type of matter does not decide the other, and separate advice may be required.
Injuries Resolution Board process
Personal injury claims must generally first be submitted to the Injuries Resolution Board unless the matter has already been resolved directly with the other party or insurer.
A completed application contains the claimant and accident information required by the Board, the applicable processing fee and a medical report from a treating doctor describing the injuries allegedly sustained.
Time limits
Strict time limits apply. In many adult personal injury claims, the general limitation period is two years from the date on which the cause of action accrued or the date of knowledge, if later. The calculation may be affected by an Injuries Resolution Board application and other exceptions, so case-specific advice should be obtained without delay.
Official information
- Irish Statute Book — Safety, Health and Welfare at Work Act 2005, section 8
- Irish Statute Book — Safety, Health and Welfare at Work Act 2005, section 19
- Health and Safety Authority — Safety Statement and Risk Assessment
- Health and Safety Authority — Accident and Dangerous Occurrence Reporting
- Injuries Resolution Board — How to make a claim
- Irish Statute Book — Civil Liability and Courts Act 2004, section 7
- Irish Statute Book — Personal Injuries Assessment Board (Amendment) Act 2019, section 7