This is one of the most common questions we hear at WorkClaim.ie, and it stops a lot of people from ever making a claim.

You were injured at work, but you weren’t wearing your safety goggles. Or you were rushing and didn’t follow the correct procedure.

Or maybe you simply weren’t paying full attention at the time.

Does that mean you can’t claim? The short answer is no, being partly at fault does not prevent you from making a workplace injury claim in Ireland.

How Irish Law Handles Shared Fault

In Ireland, the legal principle that applies here is called contributory negligence.

It means that even if you contributed to your own injury, your employer can still be held liable for their share of the blame.

For example, if a court finds that your employer was 70% responsible for your injury and you were 30% at fault, your compensation is reduced by 30%,but you still receive the remaining 70%.

So on a claim that would otherwise be worth €40,000, you would receive €28,000.

The key point is this: your compensation is reduced, not eliminated.

As long as your employer was at least partly responsible for what happened, you have a valid claim.

Your Employer Still Has a Duty of Care

Regardless of your own actions, your employer has a legal obligation to provide a safe working environment.

Under the Safety, Health and Welfare at Work Act 2005, employers in Ireland are required to carry out risk assessments, provide proper training, maintain equipment, supply appropriate safety gear, and ensure safe systems of work.

If your employer failed in any of these duties and that failure contributed to your injury, they are liable, even if you also made a mistake.

For instance, say you were lifting heavy boxes without using the correct technique.

If your employer never provided manual handling training, or didn’t supply the proper lifting equipment, then they have clearly breached their duty of care.

The fact that you were lifting incorrectly doesn’t excuse the fact that you were never shown how to do it safely.

Common Situations Where Shared Fault Applies

Contributory negligence comes up regularly in workplace injury claims.

Some of the most common scenarios include not wearing safety equipment that was provided but where the employer didn’t enforce its use, taking a shortcut on a task where proper procedures weren’t clearly communicated, slipping on a hazard that you were aware of but that the employer failed to clean up or sign, and operating machinery without full training even though you volunteered to use it.

In each of these situations, there’s fault on both sides. But in each case, the employer still holds a significant share of responsibility because they have the legal duty to manage risk in the workplace.

Don’t Let Guilt Stop You From Claiming

Many people talk themselves out of making a claim because they feel partly responsible.

They tell themselves it was their own stupid mistake, or that they should have been more careful.

But that’s exactly the kind of thinking that benefits employers and insurers, not you.

The truth is, workplaces are high-pressure environments. People rush, they get tired, they cut corners, that’s human nature.

The entire point of health and safety law is to account for that reality. Your employer is supposed to build systems that protect workers even when mistakes happen.

If those systems weren’t in place, that’s on them.

What Should You Do Next?

If you’ve been injured at work and you’re unsure whether your own actions might affect your claim, the best thing you can do is get a professional assessment.

Don’t try to work it out on your own, and don’t let uncertainty stop you from at least having the conversation.

At WorkClaim.ie, we offer a consultation where we’ll listen to exactly what happened and give you an honest assessment of where you stand.

If contributory negligence applies, we’ll explain how it might affect the value of your claim, but in most cases, you’ll still be entitled to significant compensation.

We explain the applicable legal fees and other costs before you decide to proceed.

Think you might have a claim? Contact WorkClaim.ie today. Call (01) 611 1546 or fill out our online form for a case assessment.

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.