Irish law sets out what every employer must do to keep employees safe. This page explains those duties, how a breach is proved, and how a claim against an employer works.
An employer negligence claim is a personal injury claim against your employer for an injury caused by its failure to take reasonable care for your safety at work.
The main duties are in section 8 of the Safety, Health and Welfare at Work Act 2005, and the more detailed rules are in regulations made under it.
So far as is reasonably practicable, your employer must provide and maintain:
Section 19 requires a written risk assessment of the hazards in your workplace, and section 20 requires a safety statement setting out how they are managed. Section 8(5) says safety measures must not cost employees money. The same duties apply to temporary and fixed-term workers.
The claim compares what your employer did with what the law required, then links the gap to your injury through medical evidence. Useful evidence includes:
The detailed rules depend on the work. They include the General Application Regulations 2007 for workplaces, equipment, protective equipment and lifting, and the Construction Regulations 2013 for building sites.
Everything after the first item is claimed as "special damages" in addition to the injury award.
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.
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).
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.
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.
No. Section 27 of the Safety, Health and Welfare at Work Act 2005 bars your employer from penalising you for making a safety complaint to it, to a safety representative or to the Health and Safety Authority.
Penalisation includes dismissal, demotion, cuts to pay or hours, and disciplinary action, and a dismissal for that reason is treated as unfair.
Employer's liability insurance is not compulsory in Ireland. Most employers carry it, so the claim is usually dealt with by their insurer.
If there is no insurance, the claim is made against the business itself, and its ability to pay becomes part of the advice we give you.
Most of your employer's duties under section 8 apply "so far as is reasonably practicable". Section 2(6) of the Act explains it: your employer must identify the hazards, assess the risks and put the necessary protective measures in place.
Your employer is excused further measures only where they would be grossly disproportionate to an unusual, unforeseeable and exceptional risk.
Section 13 of the 2005 Act requires employees to take reasonable care and follow their training, so your own conduct will be looked at.
If a court finds you were partly to blame, compensation is reduced in proportion under section 34 of the Civil Liability Act 1961. It does not bar the claim.
Yes. Within one month of the accident, you must send a letter to the party at fault setting out what happened, under section 8 of the Civil Liability and Courts Act 2004.
If you don't, the court must draw inferences and can reduce your costs. We can send it for you.
Your employer must report it to the Health and Safety Authority if you are off work for more than 3 consecutive days, not counting the day of the accident, within 10 working days.
That report is separate from your claim, but a copy can be useful evidence. See the HSA's reporting rules.
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.
Time stops running while the Injuries Resolution Board has the claim, up to 6 months after it issues an authorisation.
Most workplace claims must go there first. If both sides accept the Board's assessment, the claim ends there. If either side rejects it, the Board issues an authorisation and the claim can go to court. Read how the Injuries Resolution Board works.
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.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
Contact us to talk to a solicitor about your claim, or request a case review.
Email: [email protected]
Opening Hours:
Monday to Thursday 8am – 8pm
Friday 9am – 5pm
