This guide provides a general overview of the process of making a workplace injury compensation claim in Ireland.
Need expert help? Contact our workplace accident solicitors for a confidential consultation.
Understanding Your Rights
- Employer’s Duty of Care: Under the Safety, Health and Welfare at Work Act 2005, employers in Ireland have a legal duty to provide a safe working environment. This includes:
- Providing safe systems of work.
- Providing adequate safety training and supervision.
- Ensuring the workplace, including any plant and machinery, is safe.
- Carrying out risk assessments and implementing necessary safety measures.
- Employee’s Responsibilities: Employees also have responsibilities, including:
- Taking reasonable care for their own safety and the safety of others.
- Cooperating with their employer on health and safety matters.
- Using protective equipment provided.
- Reporting any dangers or defects in the workplace.
The Act applies equally to all types of employees, regardless of length of employment or full or part-time status.
If an employer breaches its statutory obligations, it can be liable to employees who have suffered injuries. It may also be subject to a fine.
Common Failings
We have seen a myriad of failings by employers. Common failings include:
- Failing to provide personal protective equipment (PPE)
- Failing to provide safe machinery, resulting in serious injuries in some cases
- Failing to provide adequate lighting, or to keep surfaces clean and tidy
- Failing to cover off hazards such as open trenches or manholes
- Failing to train employees properly
- Failing to prevent improper behaviour by other employees
Employers are required to carry out risk assessments and prepare safety statements, which they often fail to do.
Common Workplace Injuries in Ireland
Workplace injuries are very common and vary in severity. Some of the most common types include:
- Slips, trips, and falls
- Injuries from lifting or manual handling
- Crush injuries
- Finger and hand injuries
- Injuries caused by machinery or equipment
- Repetitive strain injuries
- Injuries from falling objects
- Burns or scalds from hot substances
- Injuries from exposure to harmful substances (e.g. gasses or corrosives)
Steps to Take After a Workplace Injury
- Seek Medical Attention: Get immediate medical attention for your injuries, even if they seem minor at first. As well as making you better, it creates a medical record which will help prove your claim.
- Report the Accident: You should report the incident to your employer as soon as possible. Most employers will create an accident report form, detailing the circumstances. You can ask for a copy of that. Sometimes, they will ask witnesses for statements. If you miss more than three consecutive days of work because of the injury, your employer must report it to the Health and Safety Authority (HSA).
- Gather Evidence: Collect as much evidence as possible to support your claim:
- Take photographs of the accident scene, the hazard that caused your injury, and your injuries.
- Get the names and contact details of any witnesses.
- Keep records of all medical treatments, including doctor visits, hospital stays, physiotherapy, and medications.
- Document any financial losses, such as lost wages, medical expenses, and travel costs.
- Retain any relevant documents, such as payslips, contracts, and correspondence with your employer.
- Consult a Solicitor: It is highly advisable to consult a solicitor specialising in personal injury claims. They can:
- Assess the merits of your claim.
- Advise you on your legal rights and options.
- Gather further evidence.
- Handle all communication with the other parties involved.
- Prepare and submit your claim.
- Negotiate a settlement on your behalf.
- Represent you in court if necessary.
The Claims Process in Ireland
- Personal Injuries Resolution Board: In Ireland, most personal injury claims, including workplace injury claims, must be submitted to the Personal Injuries Resolution Board (formerly known as the Personal Injuries Assessment Board, or “PIAB”).
- Your solicitor will file an application with the Injuries Board, detailing the place and time of the injury, and the parties involved, along with a medical report.
- The Injuries Board will assess the injury and may recommend a compensation award figure.
- If both parties accept the Injuries Board award, the employer pays you that amount, and the claim is resolved.
- If either party rejects the award, the claimant can take the case to court.
- Mediation: The Injuries Resolution Board also offers a mediation service, which can be used for workplace injury claims.
- Court Proceedings: If the case goes to court, your solicitor will instruct a barrister to represent you and present your case.
- Expert evidence: In every case, your doctor(s) will be requested to give expert evidence of your injuries and prognosis. Many cases also require expert evidence from a consulting engineer. Sometimes, reports are needed from accountants to support a loss of earnings claim.
Time Limits
- In Ireland, you generally have two years from the date of the accident to make a personal injury claim. This is known as the statute of limitations. If you miss this deadline, your claim becomes “statute-barred”. The clock does not run while the case is being assessed by the Injuries Board.
- It is important to consult a solicitor as soon as possible, as it can take several months to gather medical evidence and prepare the Injuries Board application and court papers (if necessary).
Compensation
If your claim is successful, you may be entitled to compensation for various losses and damages, including:
- General Damages: Compensation for pain, suffering, and the impact of the injury on your life. The exact figure is assessed by reference to the Personal Injuries Guidelines.
- Special Damages: Compensation for financial losses, such as:
- Lost earnings (past and future)
- Medical expenses (past and future)
- Travel expenses
- Rehabilitation costs
- Damage to property
Important Considerations
- Act early: Generally, time starts to run from the date you suffered the injury. It can take several months to prepare a claim.
- Experience matters: Choose a solicitor with extensive experience in workplace accident claims.
- No Win No Fee: Many solicitors in Ireland offer “no win, no fee” arrangements, meaning you generally won’t pay your solicitor’s fees if your claim is unsuccessful.
- Keep Records: Maintain detailed records of everything related to your injury and your claim. This will help support your case.
- Be Honest: Provide accurate and truthful information throughout the claims process.
Our experience
Good & Murray Smith LLP have acted on hundreds of workplace injury claims, including multi-million-euro claims involving serious accidents or deaths. These include:
- Claims by prison officers, defence forces and garda personnel
- Claims by factory employees
- Claims by delivery drivers and bus drivers
- Claims by builders, electricians, plumbers, and other construction professionals involving catastrophic injuries
If you have suffered a workplace injury in Ireland, contact us today for a confidential, no-obligation discussion about your entitlements.
Disclaimer: This guide provides general information only and does not constitute legal advice. It is essential to consult with a qualified solicitor for advice tailored to your specific situation.