Fall at Work Claims in Ireland

Falls at work range from a slip on a wet floor to a fall from a ladder, roof or scaffold. This page concentrates on falls from height and the duties set by the 2007 work at height rules, with a separate page for slips and trips on the level.

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  • Clear written terms before you go ahead
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No Win No Fee explained

What is a fall at work claim?

A fall at work claim is a claim against your employer for an injury from a fall while you were working.

Under the Safety, Health and Welfare at Work Act 2005, your employer must provide, so far as is reasonably practicable, a safe place of work with safe access and egress. The detailed rules are in the General Application Regulations 2007 (S.I. 299/2007).

Falls on the level, such as a slip on a wet floor or a trip over a trailing cable, come under the workplace rules on floors and cleaning, covered on our page about slips and trips at work. This page deals mainly with falls from height.

What do the work at height rules require?

Part 4 of the 2007 Regulations applies to any place of work where a person could be injured by falling, including the route in and out.

The employer must plan and supervise the work and carry out a risk assessment. The first question is whether the job can be done without working at height.

Where it can't, collective protection such as guard rails and working platforms comes before measures that only lessen the effect of a fall, such as nets.

Fragile roofs and surfaces must be controlled, equipment must be inspected, and workers must be competent for the task. Building sites are also covered by the Construction Regulations 2013. The Health and Safety Authority publishes guidance on each of these duties.

Slips and Trips Injury Claim in Ireland: How to Prove Fault and Win Your Case

What should you do after a fall at work?

  1. Report the fall to your supervisor and see that it goes in the accident book.
  2. If it is safe, photograph the ladder, scaffold, edge or roof involved, and any missing guard rail or damaged equipment.
  3. Note who was working with you and who saw the fall.
  4. Get medical treatment and tell the doctor you fell at work.
  5. Write to your employer within one month, as section 8 of the Civil Liability and Courts Act 2004 requires.

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

The claim then goes to the Injuries Resolution Board; read how the Injuries Resolution Board works.

What can a fall at work claim cover?

  • General damages for the injury, set under the Personal Injuries Guidelines
  • Lost wages and overtime, and future loss if you can't return to the same job
  • Medical, rehabilitation and therapy costs
  • Care and help at home
  • Changes to your home or car after a lasting injury
  • Travel to treatment

Falls from height can cause spinal and head injuries. See serious injury claims.

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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.
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How we handle fall at work 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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FAQS

Fall at work claims in Ireland: FAQs

Yes, if your employer did not meet its duties. Using a ladder is work at height, so the employer must have assessed whether a ladder was suitable for the job at all, provided one in good condition, and made sure it could be used safely.

A ladder used where a platform or scaffold was needed points to a failure in planning.

The 2007 Regulations require employers to control the risk from fragile surfaces such as roof lights and old sheeting. Questions in these claims include whether the fragile areas were identified and marked, and whether staging, covers or guard rails were provided.

No. A general warning does not replace the equipment, training and supervision the regulations require. If you chose not to use safety equipment that was provided, compensation may be reduced in proportion under section 34 of the Civil Liability Act 1961.

More than one party can owe duties on a building site. Your direct employer is responsible for you, and the main contractor or another company that controlled the work area may share responsibility for the scaffold, edge protection or access routes.

Employer's liability insurance is not compulsory in Ireland, so it is worth checking early whether your employer has cover. You can still bring a claim against the employer itself.

It is still a workplace claim, but different rules apply. Employers must keep floors from being slippery so far as is reasonably practicable and keep the workplace clean. See slips and trips at work.

Two years from the date of the fall, or from the date you knew about the injury if later, under the Statute of Limitations (Amendment) Act 1991. The letter to your employer must go within one month.

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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