Construction Site Accident Claims Solicitors in Ireland

Building sites in Ireland are run under the Construction Regulations 2013, which give duties to every contractor on site. This page explains how a claim works after a fall, a falling object or a plant incident.

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  • No upfront fees required
  • Clear written terms before you go ahead
  • Regulated by the Law Society of Ireland
No Win No Fee explained

What is a construction site accident claim?

A construction site accident claim is a personal injury claim against the employer or contractor whose breach of safety duties caused your injury on a building site.

On Irish sites those duties come mainly from the Safety, Health and Welfare at Work Act 2005 and the Construction Regulations 2013 (S.I. 291/2013).

The regulations split responsibility. Each contractor must comply with Parts 3 to 14 for its own work (Regulation 24). The project supervisor for the construction stage keeps the safety and health plan and co-ordinates safety across the whole site (Regulations 16 and 17).

Which rules cover the usual site accidents?

  • Falls from scaffolds, ladders, roofs and open edges: Part 4 of the General Application Regulations 2007, including guard-rails (Regulation 103), ladders (Regulation 114) and fragile roofs (Regulation 115).
  • Tools and materials dropped from above: Regulation 35 of the Construction Regulations, which also requires contractors to provide safety helmets or other head protection.
  • Trench and excavation collapses: Part 5 of the Construction Regulations.
  • Dumpers, telehandlers and other site machinery: Part 11 of the Construction Regulations.

A breach of one of these rules can support a claim. The medical and site evidence then has to link the breach to your injury.

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What should you do after a site accident?

  1. Get medical treatment and tell the doctor exactly how the injury happened.
  2. Report it to your foreman or the site safety officer and ask for it to go in the accident book.
  3. Photograph the scene before it is tidied: the missing guard-rail, the ladder, the unsecured load, the open trench.
  4. Write down the names of workers who saw it and which company each one works for.
  5. Within one month, send a letter of claim to the party at fault, as section 8 of the Civil Liability and Courts Act 2004 requires. We can send it for you.
  6. Keep payslips and receipts for treatment and travel.

If you are off work for more than 3 consecutive days, not counting the day of the accident, your employer must report it to the Health and Safety Authority within 10 working days.

What can a construction accident claim cover?

  • General damages for the injury itself, set by the Personal Injuries Guidelines
  • Wages lost while you were off site
  • Future loss of earnings if you cannot return to your trade
  • Medical, physiotherapy and rehabilitation costs
  • Travel to medical appointments
  • Your own tools or work gear damaged in the accident

Everything after the first item is claimed as "special damages" in addition to the injury award, so keep every receipt.

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How It Works

How a Claim Works in 3 Steps

Starting a legal claim is an important decision, so we explain what to expect from the beginning. Here’s how our process works in just three clear stages:
1

Contact Our Team

Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.

2

Get Clear Legal Advice

Your case will be carefully reviewed by our legal team.

We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).

3

Going Ahead With Your Claim

Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.

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The legal term ‘No Win No Fee’ is used to describe how solicitors take on a case where they pay the costs of the litigation.

Solicitors in Ireland who operate on this basis pay all legal costs associated with the personal injury case.

In most cases, clients would not be in a position to fund the cost of litigation, so it is usual for a personal injury and medical negligence firm to operate on a 'No Win No Fee' basis.

It should be noted that there is no prohibition on solicitors in Ireland undertaking work on a no win no fee basis, and solicitors are perfectly entitled to offer their services on a no win no fee basis.
Talk to Us About Your Options

How we handle construction site accident claims

Paul Kearney founded the practice and leads its personal injury work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.

We prepare your application to the Injuries Resolution Board, including the medical evidence, and advise you on any assessment before you decide whether to accept it.

You can meet us at any of our four offices, or deal with us by phone, email or video, wherever you live in Ireland.

There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.

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What Our Clients Say

Our clients’ experiences reflect the dedication, professionalism, and results-driven approach of our team.

Serving Clients Across Ireland

Whether you prefer an in-person consultation or remote support, our team is ready to assist you wherever you are in Ireland.

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Tell us what happened and a member of our team will be in touch to explain your options. There are no upfront fees and no obligation to go ahead.

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FAQS

Construction site accident claims in Ireland: FAQs

More than one party can be. Your employer owes you duties under the Safety, Health and Welfare at Work Act 2005.

Each contractor must follow the Construction Regulations 2013 for its own work, and the project supervisor for the construction stage co-ordinates safety across the site. We look at who controlled the work that caused your injury.

The claim usually starts with your direct employer. Where another contractor's work caused the accident, for example a scaffold erected by a different firm or a load swung by another company's crane, that contractor can be responsible as well.

Your letter of claim should go to each party that may be at fault.

Regulation 25 of the Construction Regulations requires the contractor to check that each worker holds a valid Safe Pass card.

Workers doing listed tasks, such as scaffolding, slinging and signalling, or driving a telehandler, dumper or excavator, also need a Construction Skills Certification Scheme card. If you were put on a task without the training it requires, that can support your claim.

Regulation 35 requires the contractor to provide a suitable safety helmet or other head protection to people doing construction work, and the 2005 Act requires employees to use the protective equipment they are given.

If a court finds you were partly to blame, compensation is reduced in proportion under section 34 of the Civil Liability Act 1961. See also our page on claims where no PPE was provided.

Section 27 of the Safety, Health and Welfare at Work Act 2005 bars an employer from penalising an employee for making a complaint about safety to the employer, a safety representative or the Health and Safety Authority.

Penalisation includes dismissal, demotion, loss of hours and disciplinary action.

2 years from the date of the accident, or from the date you knew about the injury if that is later, under the Statute of Limitations (Amendment) Act 1991. Separately, the letter of claim must go out within one month of the accident.

Most do. You apply with the application form, a medical report from the doctor who treated you and a fee of €45 online or €90 by post. Time stops running on your claim while the Board has it. Read how the Injuries Resolution Board works.

We can't give a figure until we have the medical evidence.

The amount for the injury itself is set by the Personal Injuries Guidelines, adopted by the Judicial Council and in force since 24 April 2021. Lost wages, treatment costs and travel are claimed in addition.

Workplace claims are run by Paul Kearney, who founded the firm and is regulated by the Law Society of Ireland, with trainee solicitor John Deeney. We have offices in Dublin, Cork, Galway and Letterkenny.

No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.

*In contentious business, a legal practitioner may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with section 149 of the Legal Services Regulation Act 2015 and the Legal Services Regulation Act 2015 (Advertising) Regulations 2020 (S.I. No. 644 of 2020).
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