Explain the standard process for making an injury claim arising from an accident at work.

We will discuss with you in detail the circumstances that led to your accident and will gather any evidence that you have retained. We then will need to send a detailed letter of claim to your employer outlining the accident circumstances and indicating why we hold them at fault for your accident. This is normally passed to their Employer’s Liability insurer who will begin liability investigations. Normally the insurance company will compensate you for your injuries and not your employer themselves. The Employers’ Liability (Compulsory Insurance) Act 1969 imposes a legal obligation on employers to take out and maintain insurance in respect of their employees claims arising from work related injuries.

The next step is to arrange a medical examination with a medical expert (who specialises in the types of injuries that you are suffering from) in order to confirm injuries resulting from the accident.

What should I bring to my initial meeting with my Solicitor?

In short everything that you deem to be relevant to your accident. This could be (but is not limited to);


Your contract of employment


The Accident Report Form

Health Service Executive report form

Training records and certificates

Employees’ Handbook

Witness statements

CCTV footage

Photographs of the accident locus


We will request a copy of the CCTV footage immediately as this may be recorded over. CCTV footage can form a pivotal part of your claim. You are entitled to request a copy of the footage as well and should do that at the earliest possible opportunity.

How long will it take you to bring my case to conclusion?

Every case is different however we always aim to conclude cases within 12 months from receipt of your instructions however the timescale for resolution of your claim is largely dependant on the timescale for resolution of your injuries.

How long do I have to make a claim?

The time limit or limitation period is 3 years from the date of the accident or date of knowledge of your injury but we would advise bringing the claim at the earliest opportunity.

Can you recover my loss of earnings?

If you have sustained an injury at work and only receive statutory sick pay (SSP) during your period of absence from work we will seek recovery of the difference between SSP and your full wages.

How much is my accident at work claim worth?

The amount that you are awarded in respect of your injuries is based on a medical report outlining the extent of the injury caused. For a general guide please consult our claim calculator.

Can my employer sack me if I claim against them?

If your employer’s negligence has resulted in you sustaining injuries then you have a legal entitlement to claim compensation without fear of being dismissed. If your employer were to dismiss you for bringing a claim you could potentially have another claim in the Industrial Tribunal for unfair dismissal.

Will my employer pay me if I am out of work as a result of an injury sustained in the workplace?

Many employers chose not to and that is exactly why many of our clients approach us to pursue a claim on their behalf as they feel let down by their employer. Employers are not required by law to provide occupational sick pay schemes for their staff. You will in all likelihood only receive SSP. We will seek recovery of the difference between your full pay and the amount you receive in SSP vis a vis your claim. If you employer does pay you full pay that should not be construed as an admission of liability, they can do this without accepting liability for the incident in question.

Can I claim if the accident was partly my fault?

Yes, you are entitled to claim compensation for personal injury even if you were partly to blame. Your employer should provide training in respect of how to carry out your job in a safe manner. The Courts acknowledge that humans are not perfect and don’t always do things to the letter and as such the concept of contributory negligence was developed.  If you were partly to blame for your accident then your employer can still be held somewhat liable. Essentially the question for the Court in these circumstances is to what extent did you deviate from your training and were the author of your own misfortune. Even if you feel that you were partly to blame for the accident you should still seek our advice as you may still be entitled to make a claim. If you are found to be partly to blame or your actions have contributed to the accident you can still claim compensation but your final award of compensation will be reduced to reflect the fact that you contributed to the accident. Depending upon the severity of the injuries sustained the final award can still be significant even in cases where you are partly to blame for the accident.

Can I go to private physiotherapy?

Yes, if you go privately please keep receipts and we will seek recovery of the cost of physiotherapy on your behalf. Alternatively you can arrange for physiotherapy through the NHS.