A psychiatric illness caused by the demands of your work can be the basis of a claim against your employer, but only where the law's test is met. This page explains that test and the evidence it depends on.
You can claim against your employer for a psychiatric injury caused by work pressure only where the harm was reasonably foreseeable to your employer and it did not take reasonable steps to prevent it.
Feeling stressed is not enough on its own. The Health and Safety Authority points out that stress itself is not an illness, so a claim needs a psychiatric injury, such as depression or an anxiety disorder, diagnosed by a doctor.
The question is whether your employer knew, or ought reasonably to have known, that your work was putting your mental health at risk. That turns mainly on what your employer was told and what it could see about you.
Evidence that often matters:
Under section 8 of the Safety, Health and Welfare at Work Act 2005, your employer must manage work so that, so far as is reasonably practicable, it is safe and without risk to health.
The HSA says risk assessments should cover stressors in the work environment, with control measures and review in consultation with staff.
The HSA lists the common causes as heavy workloads, tight deadlines, long hours, little control over how the work is done, unclear roles and a lack of support.
Once your employer knew of the risk, the claim looks at what it did next: reducing your workload, adding support, adjusting your hours or referring you to occupational health.
Everything after the first item is claimed as "special damages" in addition to the injury award, so keep every receipt.
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.
Yes. The claim is for a psychiatric injury, so it needs a diagnosis from a doctor, usually your GP at first and later a consultant psychiatrist's report. Tell your doctor what is happening at work, because their notes become part of the evidence.
Not on its own. The test looks at whether harm to you in particular was reasonably foreseeable to your employer, so the evidence has to show what your employer knew, or ought to have known, about your situation.
Raising it in writing creates a record of what your employer knew and when, and gives it the chance to act. Section 27 of the 2005 Act bars your employer from penalising you for making a complaint to it about your safety, health or welfare at work.
No. The Health and Safety Authority states that stress is not reportable and there is no duty on employers to report absences due to stress. The 3-day accident reporting rule does not apply, so your own records matter more.
The limit is 2 years from the date of the injury or, if later, your date of knowledge, under the Statute of Limitations (Amendment) Act 1991.
Your date of knowledge is when you first knew you had been injured, that the injury was serious enough to matter, and that it was linked to your work. The date is often disputed in these claims, so get advice early.
Yes. You must send a letter setting out the wrong alleged within one month of the date of the cause of action or, if later, your date of knowledge, 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.
Most workplace claims must go there first. 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. Read how the Injuries Resolution Board works.
We can't give a figure until we have the psychiatric 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
