Slip and fall at work claims in Ireland
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178
Office: 3rd Floor, Ormond Building, 31–36 Ormond Quay Upper, Dublin D07
Tel: 01 903 6408 •
Yes, you can usually bring a slip and fall at work claim in Ireland if an unsafe workplace caused or worsened your injury. Most cases start with an Injuries Resolution Board work accident claim within two years, backed by medical reports and basic accident records.
- Core idea. Employer failed to take reasonable care to control slip and trip risks.
- Process. Report the accident, get medical help, keep evidence, start an IRB claim.
- Time limit. In most adult cases the clock is two years from the accident or date of knowledge.
- Scale. Slips and trips are among the most common non fatal work accidents reported in Ireland.
Summary. A slip and fall at work claim in Ireland is a personal injury claim against your employer or another party where you say an avoidable hazard at work caused you to fall and suffer injury. Most claims start with the Injuries Resolution Board. At the same time, employers are expected to follow the Safety, Health and Welfare at Work Act 2005 and the Health and Safety Authority slips and trips guidance on floor safety, cleaning and safe access.
At a glance
Most slip and trip claims at work turn on simple questions. Was the hazard reasonably controllable. Did your employer have a real system to deal with it. Can you show how the fall happened and what injury it caused.
From cases I have run, strong claims usually combine clear photos or CCTV, honest medical records and realistic evidence of work systems. Weak claims often rely only on a bare accident report with little detail and no proof of how long the hazard was present.
Contents
What a slip and fall at work claim actually is
A slip and fall at work claim is a civil claim where you say your employer, or sometimes another party, let a slip or trip hazard remain and that hazard caused you to fall and suffer injury. The hazard might be a wet floor, a patch of oil, loose tiles, a damaged step or clutter left in a walkway.
Irish law does not expect workplaces to be perfect. It does expect employers to take reasonable steps to spot slip and trip risks and to deal with them. The Safety, Health and Welfare at Work Act 2005 talks about a safe place of work and safe access and exit. The HSA expands on that with guidance on floors, cleaning, lighting and housekeeping in different settings.
In day to day work, that usually means risk assessments, sensible flooring, regular checks, clear walkways and proper training. When those basics are missing, or kept only on paper, a claim can follow if someone falls and is genuinely hurt.
When your employer is responsible for a slip or trip
Liability in slip cases is very fact sensitive. It is not enough to say you slipped at work. The court looks at what caused the fall, what systems were in place, and how realistic those systems were. The HSA expects employers to look at floor type, contamination, cleaning methods, footwear and lighting as a joined up picture.
In one Court of Appeal decision, Whelan v Dunnes Stores [2022] IECA 133, a shopper slipped in a supermarket and succeeded because there was evidence of contamination, gaps in the cleaning response and a failure to show that an adequate system was in place for that particular risk. Although that case was about a customer, the principles on floor care and cleaning systems apply across many workplaces.
On the other hand, in Morgan v Electricity Supply Board [2021] IECA 29, an ESB worker who said he slipped on wet stairs first won his case in the High Court but then lost on appeal. The Court of Appeal overturned the award, criticised vague pleadings and found that the evidence did not properly tie the alleged defects and wetness to the fall. That result is a reminder that courts expect clear evidence of what was wrong and how it caused the accident, not just an honest belief that the steps felt unsafe.
From an employer’s side, strong defences usually rely on good cleaning logs, realistic inspection schedules and staff who can explain the system, not just a generic policy in a folder. From a worker’s side, strong claims usually have early photos and witness accounts that match the later medical notes.
What to do after slipping at work
The first few hours after a fall are often messy. You might be sore, worried about money and unsure whether to speak up. Try not to rush, but do take a few steady, practical steps.
- Get medical help from your GP or an emergency department and explain exactly how you fell.
- Report the accident to a manager and ask for it to be written into the accident book or incident system.
- Check that the written report matches what happened before you sign anything.
- Take clear photos or a short video of the area, including any spill, loose flooring or poor lighting.
- Keep the shoes you wore and note the names of anyone who saw the fall or the hazard beforehand.
People often blame themselves and say nothing, then regret it months later when the injury drags on. Telling the truth early is nearly always better than trying to tidy things up later on. If the floor is cleaned straight away, take a note of who did it and when. That little detail can help show how long the spill or obstacle had been there.
Evidence that often decides these claims
In slip and fall work claims, the small details tend to weigh heavily. Two people can fall in very similar ways, yet one claim succeeds and the other fails because of differences in proof. I see that pattern again and again when I look across old files.
Photographs taken close in time to the accident are very helpful. They show what was on the floor, where warning signs were placed, how wide the affected area was and what the lighting was like. Short videos can help more than a single still if they show how feet move on the surface.
CCTV, if it exists, can show how long a spill or obstacle was present and whether staff walked past it. Many systems overwrite footage quickly. It is often worth sending a short written request to keep footage as soon as you are able. Cleaning logs, risk assessments and training records then sit beside those pictures and clips. Together they tell a story of a system that either works in real life or just lives in a policy document.
Medical records are the other half of the picture. The first GP or hospital note should, ideally, match the basic story of how you fell. Even simple details such as the direction of the fall, which ankle twisted or where you landed can become important when an insurer tries to argue that the mechanism of injury does not line up with the alleged hazard.
Common slip and trip situations at work
Entrances, steps and car parks
Many people slip on smooth tiles just inside an entrance, on worn stair treads or in staff car parks on wet or icy days. The 2005 Act talks about safe access and exit. In practice that means decent matting, sensible cleaning during busy times, gritting or de icing when needed and proper handrails and nosings on steps. When those pieces are missing, the chance of a serious fall rises quickly.
Canteens, kitchens and food areas
Spills are to be expected where food and drink are served or prepared. That does not mean anything goes. In a staff canteen or kitchen, a short lived spill that is cleaned up quickly, with a sign in place, may not lead to liability. A long standing leak or repeated grease build up with no plan to fix it tells a very different story. I often look to see whether staff were trained to act at once and whether management ever checked that the system worked during busy periods.
Hospitals, care homes and clinics
In health and social care settings, slips on the same level are a leading cause of non fatal injuries. Floors are cleaned often. There may be body fluids, medication spills, cables, trolleys and visitors who do not know the layout. Employers should draw on sector specific HSA advice, give extra attention to high risk zones and make sure staff know how to manage those risks while still caring for patients.
Offices, retail and remote work
In offices and shops, people often trip over boxes, trailing leads, low steps or loose carpet tiles. In retail, a large share of claims brought by customers and staff relate to slips and trips. For remote workers, things can be more blurred. A fall in your own kitchen might have nothing to do with work. A fall while carrying company files down stairs, on a day you were working from home, might be treated very differently. The contract, any home working risk assessments and what you were doing at the time all matter.
Case examples from real files
To make this less abstract, here are two patterns I see often. The details are changed for privacy but the themes are real.
In one case, a shop worker slipped on spilled milk near the tills. CCTV showed the spill had been present for more than twenty minutes with no cleaning or sign. She suffered a moderate ankle sprain, needed physio and missed six weeks of work. The case settled after the Injuries Resolution Board assessment, once cleaning logs and video were shared.
In another, an office worker fell on worn internal steps where the nosing had become smooth and shiny. There were no handrails on one side and lighting was poor. Several staff had complained before. That history, along with photos and engineering evidence, helped build a strong claim even though there were no CCTV cameras in that stairwell.
What if you were partly to blame
People often assume that if they were a bit careless, they have no case at all. Irish courts usually take a softer, more balanced view. The question is not whether you were perfect. It is whether the employer took reasonable care and, if not, how your own actions played into what happened.
Where both sides share blame, the court can reduce damages to reflect your share. That is called contributory negligence. A worker who runs through an obviously cordoned off area may face a heavy reduction. Someone who walks at a normal pace and simply fails to spot a small, unmarked patch of liquid may see no reduction or only a modest one.
From a practical point of view, honesty tends to help. If you were in a rush, say so. If you saw a sign and thought it did not apply to your route, say that too. Trying to gloss over those things usually causes more trouble than it saves when records and CCTV are put under the microscope.
How compensation is valued in slip and fall at work claims
Compensation in Irish personal injury claims has two broad parts. General damages cover pain, suffering and how the injury affects your daily life. Special damages cover out of pocket costs and financial loss such as treatment, travel and loss of earnings.
The Judicial Council’s Personal Injuries Guidelines give bands for different injuries. They include soft tissue sprains, fractures, back and neck injuries and more complex patterns. The Injuries Resolution Board and the courts both rely on those bands, though judges can still exercise judgment within the ranges. Work accident claims also have to reflect how the injury affects your particular job, not just an average person on paper.
Dataset: patterns and guideline bands
This small dataset blends the Personal Injuries Guidelines with patterns I see in workplace slip files. It is there to give shape to the kinds of injuries and values that come up. It is not a promise of any outcome.
| Injury pattern | How often it appears | Guideline picture |
|---|---|---|
| Short lived ankle, knee or wrist sprain with full recovery | Very common in retail, office and health care slips | Sits in the lower soft tissue bands where recovery is expected inside about two years |
| Ongoing back pain with flare ups that limit heavy work | Less common but serious for manual and care workers | Sits in middle back injury bands where symptoms persist and affect work and hobbies |
| Multiple injuries after a heavy fall down steps | Less frequent but high impact in any sector | Anchored by the most serious injury, with careful adjustment for the others rather than simple addition |
| Scenario | Key evidence | Likely defendant |
|---|---|---|
| Slip on wet warehouse or factory floor | Photos, CCTV, cleaning and inspection logs, training records | Employer under employers liability policy |
| Fall on icy or poorly lit staff car park | Weather records, gritting plan, lighting checks, risk assessments | Employer or occupier of the premises, depending on control |
| Trip over boxes or cables in a corridor | Housekeeping rules, prior complaints, accident records and witness statements | Employer or managing agent responsible for the work area |
Reading HSA accident data beside the Personal Injuries Guidelines makes one thing clear. Even simple looking slips can lead to guideline values in the tens of thousands of euro once ongoing pain, surgery or work limits come into play.
Time limits and Section 8 letters
Most adults have two years from the date of the accident, or from when they first knew they were injured and that it was linked to the accident, to start a claim. In practice that means a complete Injuries Resolution Board application has to be lodged before the end of that period. Waiting until the very end of the two years is risky, because medical reports and records take time to organise.
Separate rules apply to formal letters of claim. Section 8 of the Civil Liability and Courts Act 2004 originally allowed two months to send a warning letter. An amending provision that took effect in January 2019 shortened that to one month from the date of the cause of action or the date of knowledge, where that is later. Courts can take a late letter into account when deciding costs, even if the basic two year limit is still met.
Section 50 of the same Act deals with formal offers and their effect on costs. It sets out short timelines for considering offers. Missed offers can have real costs consequences later. I have seen good liability cases damaged badly because key letters were delayed or not sent at all.
Will a claim affect your job
This is often the first worry people raise. They might manage the pain, but the idea of being seen as a trouble maker in work can feel worse. Irish law gives workers clear health and safety rights. Citizens Information explains that accidents at work should be recorded and reported, and that you are protected from penalisation for raising safety concerns in good faith.
In most real cases, the claim is handled between your solicitor, the employer’s insurer and the Injuries Resolution Board. Your line manager may have to give a statement or attend a meeting, but they are rarely involved in the detailed back and forth. Many people stay in the same job after a claim. Sometimes their case is the push that finally brings in proper matting, better lighting or real housekeeping checks.
Common myths. People sometimes think they are suing their boss personally or that a claim means the end of the working relationship. In reality, employers carry insurance for workplace accidents. Claims are part of that system, not a personal attack on an individual manager.
Other supports as well as a claim
A personal injury claim is only one piece of the picture after a fall at work. Social welfare supports may also help. The Occupational Injuries Scheme, including Injury Benefit, can offer income support when you are out of work because of a work accident. Citizens Information has clear guides on who qualifies and how medical certificates and employer records fit into that process.
If your employer has a sick pay scheme, that may sit alongside state payments. I often advise clients to gather the policy or staff handbook on sick pay and to speak with payroll or HR early. Knowing where your income will come from over the next few months can reduce a lot of stress and lets you focus on treatment and evidence gathering.
Fast facts about Irish workplace slips
HSA material shows that slips, trips and falls on the same level are one of the leading causes of non fatal work accidents reported each year in Ireland. Retail, health and social care settings feature heavily in those figures, but offices and warehouses also contribute.
When you read that accident data beside the Judicial Council Guidelines, it becomes clear why insurers watch even simple slip claims closely. A modest sprain with quick recovery may sit in a lower band. A worse slip that leads to surgery or long term back pain can push a case into much higher ranges, especially where future work capacity is affected.
How to start a slip and fall work claim
When the dust settles a little, most people want to know what the formal process looks like. In short, it runs through the Injuries Resolution Board first in nearly all work accident claims. A complete application needs a medical report, basic accident details and supporting documents such as wage information for loss of earnings.
A solicitor who works in personal injury can help you pull those pieces together, lodge the IRB Form A and deal with follow up questions. If an assessment is made and both sides accept it, the case usually ends there with an order to pay that sum. If either side rejects the figure, the IRB issues an authorisation and the case may then move to the Circuit Court or, in higher value or complex matters, the High Court.
Many slip and fall claims settle after the authorisation stage but before a full hearing. The point of early legal advice is not to rush you into court. It is to make sure time limits are protected and to present the strongest, fairest picture of what happened and how it has affected you. For a fuller overview of work accident claims in general, you can also read our main Accident at Work Claims guide.
Questions clients ask most often
Is it worth claiming if I only had a minor sprain after my slip at work
It can be, especially if the injury kept you off work, needed physio or still aches now and then. The Judicial Council Personal Injuries Guidelines include bands for minor soft tissue injuries, and the Injuries Resolution Board still deals with those cases using the same basic process.
- Short term sprains can still cause weeks of pain and disruption.
- Guideline bands take account of recovery time and any lasting symptoms.
- IRB assessments also cover out of pocket costs like physio and travel.
Why it matters. Many people with minor injuries leave it too long to ask for advice and then find that the two year limit is almost gone.
Next step. Check the Judicial Council Guidelines and the Injuries Resolution Board making a claim page, then speak with a solicitor about how your own injury fits within those bands.
I did not report the accident on the day. Do I still have a case
You might. Late reporting makes life harder, but it does not automatically end a claim. Citizens Information and HSA guidance both stress that accidents at work should be recorded and investigated. The longer the gap, the more important it becomes to have medical notes and witnesses that can back up what you say.
- Make a written report now and keep a copy for yourself.
- Ask any witnesses to note what they saw at the time.
- Seek medical care if you have not already done so and tell the doctor what happened.
Why it matters. Records created close to the event carry more weight than a memory raised for the first time many months later.
Next step. Read the Citizens Information page on workplace accidents, then talk to a solicitor about how best to explain any delay in your IRB application.
Can I claim if I was wearing shoes that were not ideal for the job
Footwear plays a part, but it is rarely the whole story. Courts look at the surface, the presence of liquid or debris, the job demands and whether the employer gave clear rules or supplied suitable shoes. In some cases damages are reduced for contributory negligence rather than removed entirely.
- Keep the shoes and take clear photos of them from a few angles.
- Be open about how often you wore them in work and why.
- Let your solicitor weigh footwear against floor conditions and HSA guidance.
Why it matters. Insurers often point to footwear as a simple excuse. A fair analysis looks at both the shoes and the floor system.
Next step. Put the shoes somewhere safe, then discuss them with your solicitor along with any workplace policies on footwear and floor safety.
What if I slipped in the canteen or staff kitchen on my break
Accidents in staff facilities can still be treated as work accidents, especially where the employer controls the space and provides the food or drink. Canteens, corridors and staff kitchens are usually seen as part of the workplace for safety purposes. The key questions stay the same. What caused the slip. What system was meant to be in place. Was it actually followed that day.
- Report the canteen accident in the same way as any other work accident.
- Note any recurring leaks or spills that staff had raised before.
- Look for cleaning schedules or checks for that area.
Why it matters. Break time does not always mean the law treats you as a pure visitor. Often you are still within the normal course of employment.
Next step. Read the Citizens Information material on workplace accidents and ask a solicitor whether employers liability, public liability or both may apply.
Does a slip at home during remote work count as a work accident
Sometimes it does, sometimes it does not. If you were carrying out agreed work tasks at the time, and the risk was linked to how the work was set up, there may be a claim. HSA remote and home working guidance talks about risk assessments for home workers and clear arrangements for things like workspaces and equipment.
- Note exactly what you were doing at the time of the fall.
- Gather any emails or policies about home working and safety.
- Take photos of the area where you slipped or tripped.
Why it matters. Remote work is now common, but many policies have not caught up. That gap can cut both ways.
Next step. Compare your situation against the HSA home working guidance and then get tailored advice on whether the accident arose out of and in the course of your employment.
Will I be paid while I am off after a slip at work
There is no general right to full pay after an accident at work. Some employers offer sick pay schemes. Others do not. Social welfare supports such as Injury Benefit may fill part of the gap. Citizens Information explains how those payments work and what certificates are needed.
- Check your contract and staff handbook for any sick pay scheme.
- Ask HR how sick leave, Injury Benefit and other supports fit together.
- Keep copies of medical certificates and letters from the Department of Social Protection.
Why it matters. Knowing your income plan early makes it easier to keep bills, rent or mortgage and loans on track while you recover.
Next step. Use the Citizens Information pages on Injury Benefit and workplace accidents as a base, then map out your own mix of supports with help from HR and your solicitor.
Do I really need a solicitor for a slip and fall work claim
You are free to deal with the Injuries Resolution Board yourself. Many people prefer not to, because there are time limits, forms, medical reports and offers to weigh up. The Courts Service and IRB both publish guides, but they still expect you to keep track of dates and evidence.
- A solicitor can manage deadlines so the two year limit and Section 8 duties are not missed.
- They can help shape medical reports and evidence into a clear picture.
- They can give you a second view on whether an IRB assessment or offer is fair.
Why it matters. Work accident cases often turn on detail. Small missed steps can have large effects on value and costs.
Next step. Read the IRB making a claim guide and the Courts Service personal injuries guide, then have a short call with a solicitor who handles workplace slips regularly.
Will my case go to the Circuit Court or the High Court
Most slip and fall work claims of modest to medium value are issued in the Circuit Court. Higher value or more complex claims, especially where life changing injuries are involved, are more likely to go to the High Court. The Courts Service explains how value and complexity affect where a claim is heard.
- Circuit Court handles many typical work accident claims around the country.
- High Court is used where the likely value or complexity is higher.
- Your solicitor will match venue to the medical evidence and guideline range.
Why it matters. The chosen court affects timelines, costs and how the case feels day to day.
Next step. Ask your solicitor why they recommend a particular court for your slip at work claim and how that choice links to the likely value.
Official resources
HSA: slips, trips and falls – causes of slips and trips at work, practical controls and legal duties for employers and employees.
Citizens Information: accidents in the workplace – overview of reporting duties, health and safety obligations and what to do after a work accident.
Injuries Resolution Board: making a claim – step by step description of the IRB process, including forms, fees and medical evidence.
Accident at Work Claims guide – our main overview of work accident claims in Ireland, including slips, trips and other types of workplace injury.
Get legal help with a slip and fall at work
If you have slipped or tripped at work and are not sure where you stand, a short conversation with a solicitor can help you decide what to do next. You should not feel rushed into a claim, but you also should not leave it so long that time limits or key evidence are lost.
At Gary Matthews Solicitors we focus on personal injury work, including accident at work claims. We can talk you through the Injuries Resolution Board stage, help with medical reports and deal with insurers on your behalf. If a case needs to move into the Circuit Court or High Court, we can guide you through that step by step so you always know what is coming next.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
