Forklifts and other work machines can cause crush, hand and foot injuries, to operators and to people on foot nearby. This page explains the equipment rules that apply in Ireland and how a claim works.
A forklift or machinery accident claim is a personal injury claim against your employer, or whoever controlled the equipment, where unsafe work equipment or an unsafe way of using it caused your injury.
The rules are in Part 2, Chapter 2 of the General Application Regulations 2007.
The Health and Safety Authority lists the most common forklift incidents as being struck by a moving truck, being struck by a falling load, the truck overturning, falls from height, and being trapped between the mast and the overhead guard.
For presses, saws, conveyors, mixers and similar machines, the key duties are:
Ask for the maintenance log, the training records and any CCTV early. Send a letter of claim within one month of the accident, as section 8 of the Civil Liability and Courts Act 2004 requires.
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.
Usually your employer, or the business that runs the site if you were working there for someone else.
Regulation 41 requires traffic rules for moving equipment and steps to keep people on foot out of the operating area, and Regulation 14 requires routes laid out so pedestrians and vehicles can move safely. Missing barriers, unmarked walkways and blind corners are common evidence.
A claim is possible. Regulation 39 requires a forklift carrying a driver to be fitted to limit the risk of overturning, and Regulation 40 requires appropriate training. The evidence looks at the truck's condition, the load, the floor surface and the training you were given.
Regulation 40 allows self-propelled equipment to be driven only by competent people who have been appropriately trained. Being told to drive without training is relevant evidence against your employer.
The Health and Safety Authority's Code of Practice on the safe use of industrial trucks covers operator training.
Regulation 33 places the duty on your employer to fit guards that work and cannot easily be removed or bypassed, and Regulation 31 requires the machine to be maintained. A guard left broken or off, especially after earlier complaints, is clear evidence of a breach.
You can still claim. Section 13 of the 2005 Act requires employees to use equipment as trained. If a court finds you were partly at fault, compensation is reduced in proportion under section 34 of the Civil Liability Act 1961.
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 workplace claims 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.
If either side rejects the assessment, the Board issues an authorisation and the claim can go to court. 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 earnings and treatment costs 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.
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
