The layers of financial support available to an injured person in ireland
Introduction
An injury that prevents a person from working creates an immediate financial problem long before any claim for compensation can be resolved. Ireland provides several layers of support during that period: statutory and contractual sick pay from the employer, State benefits specific to workplace injury, general illness and disability benefits, and, where another party was at fault, the recovery of lost earnings through a personal injury claim.
This guide describes each layer and how they interact. Rates and thresholds are those in force in 2026 and should be checked against current Department of Social Protection figures.
The Law
Under the Sick Leave Act 2022, an employee is entitled to statutory sick pay for a limited number of days each year, currently five, at 70% of normal pay subject to a daily cap of €110, on production of a medical certificate. Many contracts provide more generous sick pay, and the statutory entitlement applies only where no better scheme exists or once it is exhausted.
Where the injury occurred at work or while travelling to or from work, the Occupational Injuries Benefit Scheme applies. Injury Benefit is payable from the first day of absence for up to 26 weeks, at a rate of €254 per week in 2026 with increases for dependants, without a PRSI contribution requirement. The Medical Care Scheme contributes to the cost of treatment arising from the injury. Where the injury results in lasting loss of faculty, Disablement Benefit is assessed as a percentage of disability and paid as a pension or lump sum, and may continue after Injury Benefit ends.
For any injury, Illness Benefit is payable from the sixth day of absence to a person with sufficient PRSI contributions, at €254 per week in 2026, for up to two years. Longer-term incapacity may qualify for Invalidity Pension or Disability Allowance.
Where the injury was caused by another party’s fault, lost earnings, past and future, are recoverable as special damages in a personal injury claim. Under the Recoverable Benefits and Assistance scheme in the Social Welfare Consolidation Act 2005, certain benefits paid during the period covered by the claim, including Illness Benefit and Injury Benefit, are repaid to the State by the defendant or its insurer out of the compensation attributable to loss of earnings. The injured person does not repay them, but the compensation for lost earnings is calculated net of them.
Practical Steps
Obtain a medical certificate from the first day of absence and keep it current; every support described here depends on certification.
Check your contract and staff handbook for the employer’s sick pay scheme and notify the employer in the manner the scheme requires. Apply for Injury Benefit or Illness Benefit promptly; both can be claimed online and neither is backdated indefinitely.
Keep a running record of lost earnings: payslips before and after the accident, overtime or shift premiums forgone, and any bonus or promotion missed. Where you are self-employed, keep accounts and invoices showing the fall in income. This evidence supports the special damages claim and is difficult to reconstruct later.
Tell your solicitor which benefits you are receiving, so that the statement of recoverable benefits can be obtained from the Department and taken into account in settlement discussions.
If you are able to return to work in a reduced capacity, do so; the law requires an injured person to mitigate their loss, and a court will not compensate for earnings that could reasonably have been earned.
Takeaway
No single support replaces lost earnings in full. Sick pay is short, State benefits are modest, and compensation takes time. Taken together, and claimed promptly, they bridge the gap between the accident and the resolution of the claim.
The compensation claim is the only one of these that restores actual earnings, and it does so on proof. The injured person who has certified every absence, claimed every benefit and documented every euro of lost income is the one whose special damages claim will be accepted without argument.
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
