Accidents at Work Claims in Ireland

What is an accident at work claim?

An accident at work claim may arise where a person is injured in the course of their employment or work-related duties and the injury was caused, at least in part, by the act or omission of another party.

Work accident claims can involve many different circumstances, including slips, trips, falls, manual handling, unsafe work systems, lack of training, defective equipment, falling objects, machinery, vehicles, farms, construction sites and accidents involving personal protective equipment.

The facts of each case will determine whether a claim can be brought, what evidence is required and who may be responsible. General information about related claims is available from our Personal Injury Solicitors page.

Employer duties and workplace safety

Employers have duties under Irish health and safety law. In general terms, an employer must take reasonably practicable steps to ensure the safety, health and welfare of employees at work.

Relevant issues may include:

• whether a risk assessment was carried out;
• whether a safety statement was in place;
• whether the employee received proper training;
• whether the work system was safe;
• whether appropriate equipment was provided;
• whether machinery or work equipment was maintained;
• whether the workplace was properly inspected;
• whether hazards were identified and controlled;
• whether personal protective equipment was required and provided;
• whether accident reporting procedures were followed.

A workplace accident does not automatically mean that an employer is legally liable. Liability depends on the evidence and the circumstances.

What should I do after an accident at work?

After an accident at work, it may be useful to take practical steps as early as possible.

These may include:

• reporting the accident to a supervisor or manager;
• asking that the accident is recorded in the accident report system or accident book;
• seeking medical attention;
• keeping copies of medical appointments and records;
• taking photographs of the accident location, where safe to do so;
• keeping details of witnesses;
• preserving emails, messages or incident reports;
• keeping receipts for expenses;
• keeping wage records if there is loss of earnings;
• making a note of training, equipment and instructions received.

Do not include highly sensitive medical information in a general online enquiry form. If you contact Lalloo Solicitors, the office can advise what information may be needed.

Accident reports and HSA reporting

Workplace accident records may be important evidence. In some cases, an employer or self-employed person may have reporting obligations to the Health and Safety Authority.

The HSA states that employee injuries arising from accidents at work must be reported where the employee is unable to carry out normal work duties for more than three consecutive days, excluding the day of the accident. Fatal workplace accidents must be reported immediately, with a formal report submitted within the required period.

Not every workplace accident will involve a HSA investigation. Whether HSA records are relevant will depend on the seriousness and circumstances of the accident.

Medical reports and evidence

Medical evidence is usually important in an accident at work claim. A medical report may be needed to explain the injury, treatment, symptoms, recovery and prognosis.

Depending on the case, relevant evidence may include:

• GP records;
• hospital records;
• consultant reports;
• physiotherapy records;
• radiology records;
• occupational health records;
• medication records;
• photographs of injuries, where appropriate;
• records of time out of work;
• evidence of ongoing restrictions or care needs.

Common types of accident at work claims

Accident at work claims can arise in many different settings. Common examples include:

• slips, trips and falls at work;
• manual handling and lifting injuries;
• falls from ladders, steps, scaffolding or height;
• defective or unsuitable work equipment;
• machinery accidents;
• forklift or workplace vehicle accidents;
• falling objects;
• unsafe systems of work;
• inadequate training or supervision;
• lack of suitable personal protective equipment;
• construction site accidents;
• farm accident claims;
• back injuries at work;
• workplace assaults or violence, where relevant.

This list is not exhaustive.

Slips, trips and falls at work

Slips, trips and falls are common workplace accident issues. Evidence may include photographs, cleaning records, inspection records, risk assessments, CCTV, witness details, maintenance records and accident reports.

Important questions may include whether the hazard was known, whether it should have been identified, whether reasonable precautions were taken and whether the accident could have been avoided. Related general guidance is available on footpath accidents and supermarket accidents.

Manual handling and lifting injuries

Manual handling injuries may involve lifting, carrying, pushing, pulling, lowering or moving loads. They can arise where work is poorly planned, where loads are unsuitable, where mechanical aids are not provided, or where training and supervision are inadequate.

Relevant evidence may include the weight and nature of the load, the layout of the workplace, the number of staff available, training records, risk assessments, method statements and medical evidence.

Falls from height

Falls from height can cause serious injuries. They may involve ladders, scaffolding, roofs, platforms, steps, mezzanines, vehicles, fragile surfaces or unprotected edges.

Relevant issues may include whether the work was properly planned, whether a risk assessment was carried out, whether suitable equipment was used, whether fall prevention measures were in place and whether the worker was properly trained.

Machinery, equipment and PPE

Some workplace accidents involve machinery, tools, vehicles, defective equipment or a lack of suitable personal protective equipment.

Relevant evidence may include inspection records, maintenance records, training records, machine guarding, manufacturer instructions, risk assessments, photographs and witness evidence. Our page about accidents involving personal protective equipment provides related information.

What if my employer or insurer denies liability?

Liability may be denied in accident at work claims. This means the employer, insurer or another party disputes responsibility for the accident or injury.

Where liability is disputed, evidence becomes particularly important. It may be necessary to obtain accident reports, witness statements, medical records, training records, risk assessments, inspection logs, CCTV, photographs or expert evidence.

Injuries Resolution Board applications

Many personal injury claims in Ireland must be submitted to the Injuries Resolution Board before court proceedings can be issued, unless the claim has already settled directly with the other party or their insurer.

An accident at work application may require details of the accident, the respondent, medical evidence, special damages and supporting documents. If the claim does not resolve through the Board process, an authorisation may issue, subject to the Board’s procedures and the facts of the case.

Read about Injuries Resolution Board applications.

Special damages in workplace injury claims

Special damages are financial losses or expenses connected with the accident and injury. They must usually be vouched with documents.

Examples may include:

• medical expenses;
• prescription costs;
• physiotherapy expenses;
• travel expenses;
• loss of earnings;
• loss of overtime or allowances, where provable;
• care costs, where relevant;
• damaged clothing or equipment, where relevant;
• other vouched expenses connected with the injury.

This list is not exhaustive.

Our loss of earnings evidence guide explains the medical, employment, Revenue and business records that may be needed to support a claim for lost income.

Legal costs in accident at work claims

Legal costs should be discussed at the outset. The costs position may depend on the work required, the evidence needed, whether the matter is assessed by the Injuries Resolution Board, whether it settles, and whether court proceedings become necessary.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Further information is available in our guide to legal costs in personal injury claims.

How Lalloo Solicitors can assist

Lalloo Solicitors can advise clients on accident at work claims, medical evidence, liability issues, special damages, Injuries Resolution Board applications, settlement discussions and court proceedings where required.

If you wish to contact the office, you can provide a short summary of what happened. No solicitor-client relationship arises unless Lalloo Solicitors confirms its appointment in writing.

Frequently asked questions

Select a question below to read the answer.

Related information

Further general guidance is available through our Legal Updates, fatal injury claims and road accident claims pages.