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In Ireland there is no single national "workers compensation" scheme in the same form as in some other countries. Instead, people injured at work normally pursue a civil claim against their employer or a third party for negligence, or they access statutory social welfare payments for short-term loss of earnings. Employers have legal duties under workplace safety laws and normally maintain employers' liability insurance to cover workplace injuries.
For personal injury claims arising from workplace accidents the usual route is a civil claim. Before issuing proceedings most claimants go through the Personal Injuries Assessment Board process for an independent assessment of compensation. Health and safety enforcement and investigations are carried out by the Health and Safety Authority. If you live or work in Gorey - part of County Wexford - the same national Irish laws and procedures apply, and local solicitors experienced in workplace injury matters can help you with a localised approach.
You may need a lawyer if liability is disputed - for example if your employer or a third party denies responsibility, if there are multiple potential parties, or if fault is partly attributed to you. A solicitor can gather evidence, obtain medical reports, and frame legal arguments to establish negligence or breach of statutory duty.
Complex or long-term injuries, such as serious physical injuries or occupational disease, often require legal help to value future care needs, loss of earnings, and lifelong impacts. A solicitor can instruct medical, vocational and economic experts to prepare a full claim.
If you are dealing directly with an insurer, a lawyer helps ensure any settlement offer properly reflects your losses. Insurers often aim to settle quickly for a lower amount, and legal advice protects your interests.
A solicitor can also assist with procedural requirements - for example navigating the Personal Injuries Assessment Board process, meeting limitation deadlines, and, if necessary, issuing court proceedings and representing you in hearings.
Key legal points that are particularly relevant in Gorey and across Ireland include the following:
- Employer duties: Employers must provide a safe workplace, adequate training, appropriate equipment, and safe systems of work under the Safety, Health and Welfare at Work Act 2005. Failure to comply can support a negligence claim.
- Civil liability and compensation: Injured employees can bring a personal injury claim against an employer or another party if negligence caused the injury. Compensation aims to address pain and suffering, loss of earnings, future loss, and care needs.
- Personal Injuries Assessment Board: Most personal injury claims must go through the Personal Injuries Assessment Board (PIAB) process before court proceedings are issued. PIAB provides an independent assessment to encourage early resolution.
- Time limits: There is generally a two-year limitation period for personal injury claims - this usually runs from the date of the injury or from the date you became aware of an injury or disease. Occupational disease claims commonly depend on date of knowledge. Acting promptly is essential.
- Social welfare and employer schemes: There is no statutory universal sick pay in Ireland - instead you may receive social welfare payments such as Illness Benefit if you meet PRSI contribution conditions, and some employers operate private sick-pay schemes or insurance policies.
- Enforcement and reporting: The Health and Safety Authority enforces safety law and investigates serious workplace accidents. Employers should keep an accident book and report notifiable incidents to the HSA. The Workplace Relations Commission handles certain employment disputes - for example unfair dismissal or unlawful treatment related to injuries or return-to-work issues.
First seek medical treatment and report the injury to your employer in writing. Keep records - accident book entries, photographs, witness details and medical notes. Speak to a solicitor experienced in workplace injury law. Claims for personal injuries usually go through the Personal Injuries Assessment Board process before court proceedings are started.
Time limits vary, but the usual limitation period for personal injury claims in Ireland is two years from the date of the injury or from the date you knew the injury was caused by work. For occupational disease there are specific rules based on date of knowledge. Because time limits can be complicated, seek advice promptly.
Possibly. Irish law recognises contributory negligence - if you were partly at fault the court can reduce the award in proportion to your share of the blame. A solicitor can advise on how contributory negligence might affect your case.
Most employers carry employers' liability insurance. If your employer admits liability the insurer will usually handle settlement. If liability is disputed, the insurer may defend the claim. Your solicitor will deal with the insurer to seek a fair settlement or bring court proceedings if needed.
Yes. Occupational disease claims are common for long-term exposures such as chemical exposures, repetitive strain, or industrial deafness. These claims often depend on proving exposure and the date you became aware the condition was work-related, so medical and employment records are important.
If you cannot work due to illness or injury you may be eligible for Illness Benefit from the Department of Social Protection if you meet PRSI contribution conditions. Some employers also offer contractual sick pay or have insurance policies that provide income replacement. Check your employment contract and seek advice on entitlements.
Most personal injury claims are referred to the Personal Injuries Assessment Board for an assessment before court proceedings can be issued. PIAB aims to resolve claims without litigation by issuing an assessment of compensation. If you do not accept the assessment, you can then take court action.
Important evidence includes medical reports and records, employer accident reports, witness statements, photographs of the scene and injuries, details of lost earnings, and any correspondence with the employer or insurer. Keep originals and make copies for your solicitor.
It varies. Some PIAB assessments or negotiated settlements are resolved in months, while complex cases involving serious injuries, disputed liability, or expert evidence can take a year or more. Court litigation typically takes longer than negotiated settlement through PIAB or direct talks with insurers.
Costs depend on the complexity of the case and the solicitor's fee structure. Some solicitors work on a conditional fee basis or contingency-style arrangements for personal injury claims, meaning fees are payable only if you recover compensation. Always discuss fees and get a written costs agreement before instructing a solicitor.
Useful bodies and organisations to contact for information and assistance include the Health and Safety Authority for workplace safety and accident reporting, the Personal Injuries Assessment Board for personal injury assessment, the Workplace Relations Commission for employment disputes, and the Department of Social Protection for social welfare entitlements. Citizens Information provides free and impartial guidance on employment rights and social welfare. Local solicitors experienced in personal injury and workplace claims can provide tailored legal advice for people in Gorey and County Wexford.
- Prioritise your health - seek medical treatment and keep clinical records. If the injury is serious call emergency services.
- Report the injury to your employer in writing as soon as possible and request a copy of the accident book entry. Record the time, place, and circumstances, and collect witness names and contact details.
- Preserve evidence - take photographs of the scene, any defective equipment, and your injuries. Keep copies of payslips, medical bills, and correspondence.
- Consider notifying the Personal Injuries Assessment Board or speak to a solicitor to confirm whether PIAB referral is appropriate for your case.
- Contact a solicitor experienced in workplace injuries - an initial consultation will help you understand liability, likely compensation, time limits, and costs. If you cannot afford private advice check whether you qualify for legal aid or seek initial guidance from the Citizens Information Centre.
This guide is for general information only and does not constitute legal advice. If you need legal advice about a specific situation contact a qualified solicitor in Gorey or County Wexford promptly.
