The accidents that give rise to claims and the employer duties they engage
Introduction
Workplace injuries take many forms, from the sudden and visible, a fall from height or a crush injury from machinery, to the gradual and hidden, hearing loss from prolonged noise or a lung disease that emerges decades after exposure. What they have in common is that each engages a specific set of duties on the employer under the Safety, Health and Welfare at Work Act 2005 and the regulations made under it.
This guide describes the most common categories of workplace injury seen in practice, the duty each engages and the evidence on which a claim in each category typically turns.
The Law
The general duty under section 8 of the 2005 Act is to ensure, so far as is reasonably practicable, the safety, health and welfare of employees. It is given content by the General Application Regulations 2007 and by specific regulations addressing particular hazards. The employer must identify hazards by risk assessment, eliminate or control them, provide safe equipment, safe systems of work and adequate training and supervision, and provide protective equipment where risk cannot otherwise be controlled.
Slips, trips and falls on the level are the most frequent cause of workplace injury. They engage the duty to maintain a safe place of work: floors, walkways and stairs must be kept free of obstruction, spillages cleaned, lighting adequate and surfaces suitable. Falls from height, on ladders, scaffolds and roofs, engage the Work at Height Regulations and are the leading cause of workplace fatality.
Manual handling injuries, principally to the back, engage the requirement to avoid manual handling where possible, to assess the risk where it cannot be avoided, and to train employees in safe technique. Machinery injuries engage the duties to guard dangerous parts, to maintain equipment and to train operators; a claim will turn on maintenance records and on whether guards were fitted and functioning. Injuries from vehicles in the workplace, in yards, warehouses and construction sites, engage the duty to segregate pedestrians and vehicles and to control traffic movements.
Occupational disease engages the same duties over a longer period. Asbestos-related conditions, including mesothelioma, lung cancer and asbestosis, may not be diagnosed for thirty years or more after exposure, and the limitation period runs from the date of knowledge rather than the date of exposure. Noise-induced hearing loss and acoustic shock engage the Noise Regulations and the duties to assess exposure and provide hearing protection. Repetitive strain and vibration injuries engage the duties on ergonomics and on the use of vibrating tools. Occupational stress and psychiatric injury engage the general duty where the employer knew or ought to have known of a risk to the employee’s mental health.
In every category the standard is reasonable care. The High Court’s decision in Walsh v Juniper Orthodontics Ltd [2026] IEHC 99 confirms that an employer is not liable for an accident in the course of an ordinary task in a system of work that was not unsafe, and that the identification of additional precautions with hindsight does not establish negligence.
Practical Steps
For a sudden injury, the steps are those described in our guide to workplace accident claims: medical attention with the cause recorded, a written report, photographs of the scene and equipment, witness details and the section 8 letter within a month. For machinery and equipment injuries, ask that the equipment be preserved unaltered and photograph the guarding, the controls and any warning labels.
For manual handling injuries, record the weight and dimensions of the load, the height from and to which it was moved, the frequency of the task, whether assistance or equipment was available and what training was given. For falls from height, record the equipment used, whether it was inspected and who supplied it.
For occupational disease, the evidence is historical. Employment records, the identity of employers and their insurers, colleagues who can describe the working conditions and any surveys or monitoring carried out at the time should be assembled as soon as a diagnosis is made. Specialist medical evidence on causation is essential, and the two-year limitation period runs from the date the employee knew, or ought reasonably to have known, that the condition was attributable to their work.
In all cases, the employer’s own documents, the risk assessment, safety statement, training records, maintenance logs and accident book, will be sought on discovery, and their absence supports the inference that the duties they evidence were not performed.
Takeaway
The category of accident determines the duty, and the duty determines the evidence. An employee injured at work who can identify which duty was breached, and can point to the record that proves it, has the foundation of a claim. An employee who can show only that an injury occurred does not.
The 2005 Act imposes a demanding regime, and most workplace accidents that reach the courts involve a failure of one of its specific requirements: an unguarded machine, an unassessed load, an uninspected ladder, an untrained operator. Identifying that failure early, and securing the evidence of it before it is repaired or rewritten, is the work on which the claim depends.
Further information
This article was prepared for informational purposes only. For further advice, please email workclaim@crushell.ie or contact the offices of Crushell & Co Solicitors.
About Crushell & Co
Crushell & Co is a specialist firm advising on the application of law in the Irish workplace.
Our Dublin-based solicitors have particular expertise in workplace injury litigation, regularly acting on behalf of employees who have suffered injuries arising from unsafe systems of work, inadequate training, or failures in workplace safety procedures.
We understand that a workplace injury can have serious consequences for an individual’s health, livelihood, and financial security. We work closely with our clients to identify the root causes of workplace accidents, gather the necessary evidence, and advance strong, well-supported claims for compensation.
We are experienced in pursuing workplace injury claims through the Courts and achieving meaningful outcomes for injured workers, while providing clear and practical guidance at every stage of the process.
We translate complex legal issues into practical legal options, adapting our strategy to meet each client’s specific circumstances and objectives.
Connect: @CrushellLaw or www.crushell.ie
