Reviewed by: Sean Fitzgerald, Partner
Review Date: 09 September 2026
An injury at work can leave you worried about your wages, your recovery and your job. You may be unsure what to do next.
You may have a workplace accident claim in Ireland if your employer or another party failed in their duty of care and that failure caused or contributed to your injury. Being injured at work does not automatically establish a right to compensation.
Our Irish workplace injury solicitors at HOMS Assist will listen and explain your options. This guide helps you understand the next step.
What should you do after an accident at work?
Get medical attention first. Explain how the injury happened and describe your symptoms accurately.
When you’re able to:
- Report the accident promptly. Tell your employer or supervisor and ask for it to be recorded. Keep a copy of your written account.
- Save the evidence you have. This might include photographs taken safely, witness details, messages and instructions about the task.
- Keep records of your losses. Save payslips, receipts, medical certificates and details of time away from work.
- Seek advice early. Relevant CCTV may be overwritten, and workplace records can become harder to obtain.
We can identify the records needed and request that relevant evidence is preserved.
When might you have a workplace accident claim?
Employers must take reasonably practicable steps to protect workers’ safety, health and welfare. This includes assessing risks, maintaining safe equipment and providing appropriate training, supervision and systems of work.
Workplace accident claims may arise from:
- A fall caused by an unsafe walkway or unprotected edge.
- A lifting injury where suitable equipment or assistance was missing.
- An accident involving defective machinery or inadequate guarding.
- A collision involving a forklift or other work vehicle.
- Exposure to harmful substances without appropriate precautions.
A manual handling training certificate does not, on its own, establish that a particular lifting task was safe.
Responsibility may involve your employer, a contractor or another party. We’ll investigate who was responsible and what went wrong.
Industrial diseases can develop over time and may need work history and specialist medical evidence.
Will your employer know about the claim?
If you make a claim against your employer, they will be notified. The Injuries Resolution Board notifies the person or organisation named in an application.
An initial discussion with a solicitor is confidential, subject to legal obligations. It does not itself notify your employer.
If you instruct us to proceed, we’ll handle legal correspondence with your employer, their insurer where applicable, and other relevant parties. You’ll still need to follow appropriate workplace reporting and absence procedures.
Continuing to work for the same employer, or returning after an absence, does not itself prevent a claim.
Tell your solicitor promptly about pressure not to report an accident, threats or adverse treatment. Irish law protects employees against penalisation for certain health and safety actions, including safety complaints. Whether protection applies depends on the facts; it is not a blanket guarantee about every compensation claim.
What if you cannot work and need income support?
Injury Benefit is separate from a personal injury compensation claim.
It is a social welfare payment for eligible people unable to work because of a workplace accident or qualifying occupational disease. Conditions include relevant PRSI coverage.
A compensation claim seeks damages from a party legally responsible for your injury. Applying for Injury Benefit does not submit that claim.
Check sick pay arrangements and available supports promptly. The Department advises applying for Injury Benefit within six weeks of becoming unable to work. See the official Injury Benefit guidance.
What can workplace compensation claims cover?
Workplace compensation claims can address your injury and resulting financial losses.
General damages cover pain, suffering and the effect on your life. The Injuries Resolution Board and courts use the Personal Injuries Guidelines when assessing this part of a claim.
Special damages cover financial losses, such as lost earnings and reasonable medical expenses. These are considered separately from the Guidelines.
For a serious injury, the evidence may also need to address future earnings, rehabilitation, care or assistance.
When advising on employment injury compensation, we consider whether you can return to your occupation, work your previous hours or manage daily life without help.
We’ll explain how your claim is valued without promising a particular award.
How does the claims process work?
Most workplace personal injury claims must go through the Injuries Resolution Board, formerly PIAB, before court proceedings can begin.
We review responsibility and deadlines, prepare the application and gather medical evidence and documented losses.
The Board offers voluntary, confidential mediation to help the parties agree a resolution. Its assessment process determines a compensation amount from the evidence. We’ll explain an assessment or settlement proposal and what accepting or rejecting it would mean.
If both parties accept an assessment, the Board issues an Order to Pay. Rejection by either party, or a refusal to consent to assessment, leads to an authorisation permitting court proceedings.
Authorisation does not mean a hearing is inevitable. A claim may still settle.
You can apply without a solicitor. Legal support is particularly useful for disputed responsibility, multiple parties or injuries affecting future work.
How long do you have to make a claim?
For most adult workplace personal injury claims, the general limitation period is two years from when the legal claim arose, or your date of knowledge if later.
In broad terms, date of knowledge concerns knowing that you suffered a significant injury, that it was linked to the relevant act or omission, and the identity of the responsible party. It can include knowledge you could reasonably have obtained. You do not need to know that the conduct legally amounted to negligence.
A qualifying Board application pauses the limitation calculation for the relevant named parties. The excluded period generally runs until six months after the Board issues an authorisation. It does not give you a fresh two-year period. Adding another party later can affect when protection begins for that party.
Reporting the accident to your employer or discussing settlement does not replace the required legal steps. Ask a solicitor to calculate your deadline; exceptions and different rules may apply.
What should you understand about legal costs?
You are entitled to clear written information about legal costs.
If you instruct HOMS Assist, we’ll explain our fees, likely expenses and any potential exposure to the other party’s costs. We’ll also discuss the cost of medical reports or other expert evidence where needed.
Ask how costs differ if your claim resolves through the Board, settles later or proceeds to court.
How our Irish workplace injury solicitors help
At HOMS Assist, we connect the legal work with what matters in your life. We can request training and maintenance records, document reduced earnings and obtain evidence about returning to your trade.
Before you accept an offer, we’ll explain how it compares with your injuries and losses.
Partner Seán Fitzgerald has experience in serious industrial accidents, asbestos-related disease and traumatic brain injuries. His qualifications in science and law bring an additional perspective to technically complex evidence.
We’ll explain what we need from you, handle legal correspondence and keep you informed as your claim progresses.
When you compare injury lawyers, ask about experience with your type of injury, who will handle your case, how communication works and how costs are explained.
Learn more about our workplace injury claims service.
Other questions about workplace accident claims
What if the accident was not recorded?
An absent report does not automatically rule out a claim. Medical records, messages and witness accounts may help establish what happened. Speak to a solicitor about the evidence available.
Can I claim if I was partly at fault?
Possibly. If another party also contributed to your injury, you may still have a claim. Compensation can be reduced to reflect your share of responsibility, known as contributory negligence.
Should I wait until I have fully recovered?
You can seek advice before your recovery is complete. Medical evidence about your likely recovery helps assess the claim, but waiting for that evidence does not remove the need to protect legal deadlines.
Speak to HOMS Assist about your next step
Looking for a personal injury solicitor in Ireland after an accident at work? Tell us what happened and what concerns you most.
Have the accident date, your employer’s details and any available records to hand. We’ll explain your options.
We support clients across Ireland, with offices in Dublin, Limerick and Cork.
Call 1800 207 207 or request a callback.
Your expert, champion and guide.
This article provides general information. Advice on your claim will depend on your circumstances.
