When someone dies at work, the Health and Safety Authority investigates, the coroner holds an inquest and the family can bring a claim, usually against the employer.
This page explains each step and the duties set by the Safety, Health and Welfare at Work Act 2005.
A workplace fatality claim is a claim for the family of a worker who died because an employer, or another business in control of the work, failed in its duty of care or broke health and safety law.
It is made under Part IV of the Civil Liability Act 1961 and is usually brought against the employer. Employer's liability insurance is not compulsory in Ireland, so we check early who holds cover.
Deaths at work most often follow falls from height, being struck by a vehicle or a falling object, contact with machinery, and collapses on building sites and farms.
The evidence includes the HSA's findings, the safety statement and risk assessments, training and maintenance records, and witness accounts.
The Safety, Health and Welfare at Work Act 2005 requires employers to manage work so that it is safe, so far as is reasonably practicable.
That covers safe equipment and systems of work, training and supervision, and a written safety statement based on a risk assessment. Work at height is covered by Part 4 of the General Application Regulations 2007 (S.I.
299/2007), and building sites by the Construction Regulations 2013. The HSA looks at whether these duties were met, and the same evidence is used in the family's claim.
The employer must tell the HSA or Gardaí immediately, then send a formal report to the HSA within five working days, as the HSA's reporting guidance sets out.
The HSA investigates every death related to work, and its Victim Liaison Officer is the family's contact. Completed files normally go to the DPP, who decides whether to prosecute.
The coroner holds an inquest. Where a death was caused by an accident that the law requires to be notified, the coroner sits with a jury under section 40 of the Coroners Act 1962.
While its investigation or a prosecution is running, the HSA asks the coroner to adjourn the inquest.
The family's claim goes to the Injuries Resolution Board on the Fatal Accident Application Form. Read how the Injuries Resolution Board works.
Pensions and death-in-service payments made because of the death are not deducted, under section 50 of the Civil Liability Act 1961.
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.
The employer must tell the HSA or Gardaí immediately and send the formal report to the HSA within five working days.
If a self-employed person dies, the emergency services, usually the Gardaí, inform the HSA. A business must also report the death of a member of the public caused by its work activity.
The HSA's Victim Liaison Officer keeps the family told of progress, but the HSA cannot release details of the evidence while the investigation is running. It will tell you whether the DPP has directed a prosecution. Its booklet for bereaved families explains the process.
In the District Court or the Circuit Criminal Court, depending on what the DPP directs.
The hearing can be a long time after the investigation ends, and dates are set by the court. The family's civil claim is separate and does not wait for the prosecution.
The claim can be made against whoever was responsible for the danger, such as a main contractor, the site owner or the business that controlled the work. On a building site, the Construction Regulations 2013 place duties on several parties at once.
Employer's liability insurance is not compulsory in Ireland. The claim can still be made against the employer, but recovering the money depends on its assets, so we look at this at the start, along with anyone else who shares responsibility.
Yes. You can ask the coroner to tell the family when the pathologist's evidence will be given, so that you can leave and come back afterwards. You can also ask to be told when your case is due if other inquests are heard the same day.
If the coroner asks, the HSA can attend and give the coroner a report. After the inquest, the family can ask the coroner's office for the post-mortem report and the statements, for a small fee.
The family can still claim. The two years run from the date of death, or from the date of knowledge if later, not from the date of the accident. If the worker had started their own claim before they died, it can continue for the estate.
Two years from the death, or from the date of knowledge if later, under section 6 of the Statute of Limitations (Amendment) Act 1991. Time stops while the application is with the Injuries Resolution Board.
A letter to the employer is due within one month of the death, under section 8 of the Civil Liability and Courts Act 2004.
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]
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Friday 9am – 5pm
