What is involved in making an accident at work claim?

Employer's Duty Of Care

Employment law in Ireland law places strict obligations on employers to protect the safety and wellbeing of employees, particularly by providing a safe place of work, a safe system of work or proper training to their employees. Where injuries are sustained in the workplace it is possible for the injured party to take a legal action against the employer*.

Injury Suffered

The first issue to be established is whether an injury has actually occurred. The claimant must have sustained some form of injury – either physical or psychological – in the course of his or her employment to bring a workplace injury claim. Examples of the type of injuries that occur in the workplace include injuries caused by heavy lifting, repetitive stress injuries and in recent years the courts have granted awards in cases involving stress and anxiety to employees that arose from workplace bullying and harassment

Establishing Fault

The second issue to be established is whether such an injury was sustained due to the lack of care of your employer thereby giving rise to a liability on the part of the employer. While in some cases establishing negligence or breach of duty of care to the injured party by an employer can be straightforward, in certain types of work, or for particular types of injuries, it can be much more difficult.

Workplace personal injuries do not always necessarily result from the direct action, or inaction, of an employer. In some instances, injuries may be caused by the actions of co-workers or other third parties that cause the injury to be sustained. Again, legally an employer is still required to safeguard the health and wellbeing of all employees.

Contributory Negligence

In many workplace accidents an employer will seek to rely on the principle of contributory negligence to find an employee partially at fault for their injury in the workplace. To do so they will have to show that the employee:-

  • Contributed to their own injury by acting in a negligent manner when faced with an obvious and/or known risk; or
  • Where the injured employee failed to seek appropriate medical attention within a reasonable time of the accident.

A solicitor experienced in dealing with workplace injuries will be able to advise an employee on issues such as liability and any degree of contributory negligence.

A Continuing Working Relationship

A key concern for any employee before considering a workplace accident claim is the possible damage it may cause to their working relationship. For this reason it is critical that the employee engages an experienced solicitor who could progress the injuries claim to a satisfactory resolution in such a manner that avoids (where possible) the need for any drawn out confrontation.

We have over fifty years’ experience in workplace injury claims.  

If you have suffered a workplace injury and you are in any doubt about whether you can bring a personal injuries claim you can contact one of our experienced advisors who will be happy to assist you.

You may take legal action after  you have been involved in an accident or injured because of somebody else’s actions or negligence*.

Personal injury claims generally involve:

  • A plaintiff or claimant  – this is the person making the claim (you).
  • A defendant – the person(s) you are making the claim against.
  • Your solicitor 
  • PIAB – Personal Injury Assessment Board (often called the Injuries Board). PIAB assesses most  personal injury claims before any further steps are considered.

What Are the Common Injuries Sustained In Accidents?

For every type of accident, whether a car crash, a slip and fall, or a product related injury, there is a wide array of injury types that can occur. Every part of the body is susceptible to different forms of injury and the forces applied upon the body when an accident occurs will dictate the kind of injury as well as the severity.

As a personal injury law firm with over 50 years experience representing injured parties Ireland we understand the nature of various types of injuries. We are able to articulate the effects they have on a client’s life, and the types of medical care required, in the context of a personal injury case.

Get in touch

Nationwide services with dedicated offices in


2-4 Ely Place, Dublin 2, D02 FR58


Bishopsgate, Henry Street, Limerick, V94 K5R6


1A South Mall, Cork, T12 PV44

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We are an award winning, client-oriented law firm in Dublin, Limerick and Cork. Our solicitors provide comprehensive legal advice in an approachable and caring manner. Most of us will require a solicitor at some time in our lives. When the time comes that you do require legal support you will want to be sure that you are dealing with professionals who will work quickly and efficiently to help you. So whether you need help writing a Will, you have been in an accident, suffered an injury or illness that was not your fault, or you are looking at divorce options, we can offer clear guidance and representation to assist you in obtaining the optimum result.

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