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Construction accidents in Gorey, County Wexford, are governed by Irish workplace-safety and civil-liability laws. If you are injured on a building site or during construction-related work, you may have both statutory protections under health-and-safety legislation and the right to seek compensation through a civil personal-injury claim. Common issues after construction accidents include employer liability, defective equipment or materials, third-party liability, and regulatory investigations by the Health and Safety Authority - HSA. Claims can involve compensation for pain and suffering, loss of earnings, medical and rehabilitation costs, and future care needs.
Construction accident cases can be complex. A solicitor experienced in construction and personal-injury law adds value by:
- Explaining your legal rights and the likely strength of a claim.
- Preserving and collecting evidence - witness statements, site records, photographs, equipment inspection reports, and medical records.
- Navigating the Personal Injuries Assessment Board - PIAB - process and, if necessary, preparing litigation documents for court.
- Dealing with insurance companies and opposing legal teams to protect you from unfair settlement offers.
- Advising on statutory reporting obligations and dealing with any related HSA investigations or prosecutions.
- Helping to quantify all heads of loss - general damages, special damages, future losses and care costs - and arranging expert reports where needed.
If you are self-employed, a contractor, a subcontractor, an employee, or a visitor to a site, a lawyer will help determine who is responsible and how best to proceed.
Key legal frameworks and practical points relevant in Gorey include:
- Safety, Health and Welfare at Work Act 2005 - sets general duties on employers, employees and others working on or controlling a site to ensure safety, to carry out risk assessments, and to provide training and safe systems of work.
- Construction-specific regulations - detailed duties and standards that apply to construction work and safe methods of working, including requirements on site management, plant and machinery, and fall protection.
- Health and Safety Authority - HSA - the national regulator that inspects sites, issues guidance, and brings prosecutions for serious breaches of workplace-safety law.
- Personal Injuries Assessment Board - PIAB - most personal-injury claims in Ireland begin with a PIAB application, which attempts to agree a settlement before court proceedings are issued.
- Civil liability and remedies - injured parties can pursue damages against employers, contractors, subcontractors, equipment manufacturers, designers, or other negligent parties. Defences such as contributory negligence, consent and compliance with safety instructions can affect outcomes.
- Time limits - strict limitation periods apply to personal-injury claims. Generally, claims must be started within two years of the date of injury or the date the injury was discovered. Special rules apply for minors and for claims involving gradual conditions.
- Employment and social-welfare supports - injured workers may have access to occupational-injury benefits, sick-pay schemes, or temporary disability payments from the Department of Social Protection while claims progress.
Prioritise health and safety - seek medical attention right away and follow clinical advice. Notify your employer as soon as possible and ask for the accident to be recorded in the site accident book or incident log. Preserve evidence - take photographs of the scene, your injuries and any faulty equipment, collect contact details of witnesses, and keep copies of medical records, payslips and any correspondence. Contact a solicitor to discuss your legal options early.
Yes. Subcontractors and self-employed workers can bring claims if someone else was negligent - for example, if the main contractor failed to provide a safe site, or if defective equipment or negligent design caused the injury. Liability can be shared between parties, and an experienced solicitor can help identify the correct defendant or defendants.
Most personal-injury claims in Ireland are processed through PIAB first. You usually make an application to PIAB which issues a recommendation on compensation. If either party rejects the assessment, civil proceedings can then be started in court. There are strict procedural rules and timeframes, so speak to a solicitor about deadlines and the best strategy for your case.
Time limits are critical. In general, you must start a personal-injury action within two years of the date of injury or from the date you became aware of the injury. For minors, the limitation period is usually tolled until they reach adulthood, allowing two years after their 18th birthday in many cases. If you miss the deadline, your claim may be barred, so seek legal advice promptly.
Yes, in many cases you can bring a civil claim against your employer for negligence. Employers also have statutory duties under health-and-safety law, and they usually carry employer-liability insurance. However, if the employer proves you were contributorily negligent or that you ignored safety instructions, compensation may be reduced. Discuss the specifics with a solicitor.
Claims typically cover general damages for pain and suffering, special damages for past and future loss of earnings, medical and rehabilitation costs, travel to appointments, adaptations or future care needs, and sometimes loss of pension or other financial losses. A solicitor will assess both current losses and projected future costs and may instruct medical or vocational experts to support the claim.
The HSA may investigate serious construction accidents. Investigations can lead to improvement notices, prohibition notices, or prosecutions against employers or those in control of the site. An HSA investigation is separate from your civil claim. Your solicitor can advise on how to respond to HSA enquiries and on confidentiality and disclosure issues.
Many personal-injury solicitors offer conditional fee arrangements commonly described as no-win no-fee. Fee structures vary - some charge a success fee or a percentage of the award, and disbursements such as expert reports are typically payable during the process or recovered from a successful defendant. Always ask any solicitor for a clear written fee agreement and an estimate of likely costs and how they are handled if the claim is unsuccessful.
Contributory negligence can reduce the amount of compensation. The court or PIAB will assess the degree to which your actions contributed to the injury and reduce the award proportionately. Even if you bear some responsibility, you may still recover a substantial portion of damages. Accurate evidence and legal representation help manage this risk.
Fatal accidents may lead to separate legal actions - a civil dependency claim by dependants and possible criminal or regulatory prosecutions. The HSA will usually carry out a thorough investigation. Families should seek legal and practical advice quickly to understand entitlements, including potential compensation for dependency, funeral expenses and related losses, as well as available supports from social services.
If you need further information or assistance, consider contacting or consulting the following types of bodies and organisations:
- Health and Safety Authority - HSA - national regulator for workplace safety and the primary body that investigates construction accidents and enforces safety law.
- Personal Injuries Assessment Board - PIAB - the statutory body that assesses personal-injury claims before court proceedings in most cases.
- Department of Social Protection - for information on occupational-injury benefits, illness payments and supports while you are unable to work.
- Citizens Information - for general guidance on rights, benefits and the claims process.
- Workplace Relations Commission - for issues crossing into employment law or disputes about workplace rights.
- Law Society of Ireland - to find a solicitor with suitable experience in construction and personal-injury law and to check professional standards.
- Local Citizens Information Centre, Wexford County Council and community support groups in Gorey - for face-to-face advice and local signposting.
If you or a loved one has been injured in a construction accident in Gorey, consider this practical step-by-step plan:
- Seek urgent medical attention and follow medical advice. Your health is the priority.
- Report the accident to your employer immediately and ensure it is recorded in the site accident book or incident report.
- Preserve evidence - take photos, note times and locations, keep damaged clothing, and collect witness details.
- Keep a detailed diary of symptoms, appointments and how the injury affects daily life and work.
- Contact a solicitor who has experience in construction accident and personal-injury claims - ask about their experience with PIAB, HSA matters and construction site cases, and request a written fee arrangement.
- Discuss statutory notifications and time limits with your solicitor and consider submitting a PIAB application if appropriate.
- Cooperate with medical and legal experts who may be instructed to prepare reports to support your claim.
- If you are worried about immediate financial pressure, ask your solicitor about interim payments or access to state supports such as occupational-injury benefits.
Acting promptly, documenting everything and seeking experienced legal advice will give you the best chance of a fair outcome. A solicitor can guide you through the legal process, help protect your rights and work to secure the compensation and supports you need to recover and rebuild.
