Falls From Height at Work Claims Ireland: What Irish Law Actually Requires Your Employer to Do

✓ Last updated: April 2026 — includes 2025 HSA fatality data and current Personal Injuries Guidelines

Irish workers injured in a fall from height at work can claim compensation if their employer breached the safety duties imposed by Part 4 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 [1]. The claim runs through the Injuries Resolution Board (IRB) [2] first, and then the courts if needed. The urgency is real: in 2025, 58 workers died in work-related incidents across Ireland — a 61% increase on 2024 — and falls from height remained one of the three leading causes of death. If you fell from a ladder, scaffolding, roof, platform, or any elevated position at work, the law may be on your side.

Contents

Governing law: Part 4, S.I. No. 299/2007 (General Application Regulations). Irish Statute Book [1]

Time limit: Two years from the accident or date of knowledge. Civil Liability and Courts Act 2004, s.7 [4]

First step: Application to the Injuries Resolution Board (Form A, €45 fee). IRB [2]

2025 fatalities: 58 total workplace deaths; falls from height a leading cause. HSA Jan 2026 [5]

What counts as a "fall from height" under Irish law?

Under Irish law, work at height means any work in a place — including at, above, or below ground level — where a person could be injured by falling from that place. Part 4 of the General Application Regulations 2007 (S.I. No. 299/2007)¹ sets this definition, and it carries no minimum height threshold. A fall from a half-metre kick stool carries the same regulatory weight as a fall from a five-metre scaffold, provided personal injury could result.

The definition also covers the act of getting to and from a place of work at height — so falls from temporary access ramps or ladders used to reach a work area are included. One detail many workers don't realise: below-ground falls count too. Stepping into an uncovered excavation or falling from the edge of a loading bay into a pit below ground level qualifies as a fall from height under this legislation.

Permanent staircases within a workplace are the main exclusion — they're governed by general workplace access regulations rather than Part 4's specific height rules.

How a fall from height differs from a slip or trip at work

A fall from height is a fall from one level to a different, lower level. A slip or trip is a same-level incident — wet floors, trailing cables, uneven surfaces. The distinction matters because different regulations apply, different evidence is needed, and different internal pages on this site cover each topic.

If you slipped on a wet surface and fell on the same floor, see our slip and fall at work guide. If you fell from a ladder, roof, platform, scaffold, loading bay edge, or any elevated position to a surface below, you're in the right place. The legal framework here is Part 4 of the 2007 Regulations — not the general workplace housekeeping duties that govern slips.

The hierarchy of controls your employer must follow

Irish law imposes a strict three-tier hierarchy of controls for work at height, and your employer must follow this sequence — not skip straight to harnesses. Regulation 100 of the General Application Regulations 2007¹ derives this hierarchy from the General Principles of Prevention in Schedule 3 of the Safety, Health and Welfare at Work Act 2005 [6]. Courts examine whether the employer followed this precise sequence when assessing liability.

Tier 1 — Avoid: The primary legal duty is to avoid height work entirely where reasonably practicable. Assemble components at ground level and crane them into position. Use extendable pole-cleaning systems instead of ladders for elevated windows. If the task can be done safely from ground level, height work shouldn't happen at all.

Tier 2 — Prevent: Where avoidance isn't possible, the employer must install collective protection that prevents falls entirely. Fixed guardrails, properly erected scaffolding, and Mobile Elevating Work Platforms (MEWPs) with solid toe-boards all qualify. Irish law explicitly prioritises measures protecting everyone simultaneously over individual protection.

Regulation 103 sets the exact specifications: guard-rails must be at least 950mm high, with no unprotected gap exceeding 470mm, and toe-boards must be at least 150mm high to prevent materials rolling off edges. If the guardrail on your site was lower than 950mm, or had gaps wide enough for a person to slip through, the breach is established by measurement alone — no argument about "reasonableness" is needed.

Tier 3 — Minimise (last resort): Only when collective prevention isn't feasible may an employer rely on measures that reduce fall distance or consequences — safety nets, airbags, and then personal fall-arrest harnesses. Harnesses are classified as an absolute last resort under Irish law, not a substitute for guardrails.

2025 HSA fatality data: the scale of the problem

Falls from height were one of the three leading causes of workplace death in Ireland in 2025, contributing to a total of 58 work-related fatalities — a 61% increase over 2024's record low of 36. The Health and Safety Authority's January 2026 report [5] identified being hit by falling objects, machinery and vehicle incidents, and falls from height as the dominant causes across all sectors.

Construction fatalities doubled — from 5 in 2024 to 10 in 2025. Agriculture accounted for 23 deaths (40% of all fatalities), despite employing roughly 4% of the workforce. In the previous two years, the HSA had recorded 11 fall-from-height fatalities in 2023 and 5 in 2024, based on earlier reports published on hsa.ie [7].

Fatal incidents are only part of the picture. The HSA records over 9,000 non-fatal workplace accidents annually, with falls (from both height and same level combined) consistently among the top two causes of serious injury. In a typical year, ladder incidents alone account for approximately two fatalities and 220 injuries causing four or more days' absence — and the actual figure is likely higher, because not all non-fatal falls are reported.

The age profile of the 2025 fatalities is striking: 19 of the 58 victims (33%) were aged 65 or over, and 23 (40%) were self-employed. The HSA's Chief Executive Officer Mark Cullen noted that older workers may carry poor safety habits formed decades earlier and are physically less capable of surviving a fall. Self-employed workers often operate alone, meaning a severe fall can go unnoticed for hours.

In direct response to these figures, the HSA and the Health and Safety Executive for Northern Ireland (HSENI) launched a joint all-island safety campaign in early 2026 targeting falls from height in construction and farming — the two sectors with the highest fall-related death rates. The campaign, titled "Falls Are Preventable," focused inspection resources on working-at-height compliance across both jurisdictions. Source: HSA press release (2026) [15].

Proving your employer is liable for a fall from height

An employer in Ireland is liable for a fall-from-height injury if they failed to take all reasonably practicable steps to prevent it. Under Section 8 of the Safety, Health and Welfare at Work Act 2005 [6], the employer bears the burden of showing they met this standard — the injured worker does not have to prove active negligence. In practice, liability in fall-from-height cases typically turns on these specific failures:

Common employer failures in fall-from-height claims

Employer failure	Regulation breached	What it means for your claim
No risk assessment for height work	Regulation 97, S.I. 299/2007	Creates a presumption that the risk was not managed at all
Skipping the hierarchy — harnesses instead of guardrails	Regulation 100	Strong evidence of breach even if PPE was provided
No inspection of scaffolding or equipment	Regulation 106	Failure to inspect = failure to maintain safe equipment
No training on safe working at height	Section 10, Act of 2005	Courts scrutinise whether training was delivered, not just documented
No edge protection on fragile surfaces	Regulation 108	Fragile surface falls carry near-automatic presumption of negligence
Ladder used where a platform was practicable	Regulation 100 + Schedule 7	Ladders are a last resort under Irish law; the Poska case confirms this
No weather assessment before height work	Regulation 96 (planning)	Sending workers up scaffolding in frost, high wind, or heavy rain without additional precautions is a breach of the planning obligation. Irish weather makes this a frequent factor
Failed to prevent objects falling from height	Regulation 101	If a tool or material fell from height and injured you (even if you didn't fall yourself), Part 4 applies. The employer must prevent objects falling from any workplace at height

An Irish High Court decision illustrates the courts' approach: in Poska v Employer, Ms Justice Bronagh O'Hanlon described a ladder as "a dangerous piece of equipment" in itself and awarded the worker €62,000 after a fall. The employer had failed to provide a safe and secure system of work with adequate safety measures. Source: Mondaq, March 2021 [8].

Two legal grounds for claiming — and why it matters

Irish workers injured in a fall from height can claim on two separate legal grounds: common law negligence and breach of statutory duty. Breach of statutory duty — meaning your employer violated a specific provision of Part 4 of the 2007 Regulations — is often the stronger route because you don't need to prove the employer "knew" about the risk. The statute imposes the duty regardless of knowledge. If the regulation required guardrails and there were none, the breach is established by the absence alone.

Common law negligence requires showing the employer fell below the standard of a reasonable employer. In falls from height, the two grounds usually overlap — but statutory breach gives your solicitor a direct, provable path that doesn't depend on arguing about what the employer should have known. In our experience handling fall-from-height claims in Irish courts, the cases that resolve fastest are those where a specific Part 4 regulation was clearly breached — missing guardrails, no risk assessment, or a ladder used where a platform was available.

The "unsafe system of work" — why worker error rarely defeats the claim

Irish courts assess whether the employer's entire system of work was safe — not just whether the individual worker made an error. If the system itself was flawed (no risk assessment, inadequate equipment, pressure to work fast without safety checks), then individual worker errors within that system are attributed to the employer's failure to create a safe framework. The IRB statistics don't reflect this, but when liability is disputed it's the single most important factor in height claims. An employer who tells workers to "use whatever ladder you can find" has created an unsafe system — and a worker who picks the wrong ladder within that system isn't the cause of the problem.

Contributory negligence: what if you were partly at fault?

Even if you contributed to the accident — misjudging a ladder angle, rushing a task, or failing to clip a harness — you can still claim compensation in Ireland. Under Section 34 of the Civil Liability Act 1961 [9], the court may reduce your award by a percentage that reflects your share of fault. Contributory negligence reduces compensation. It does not eliminate your right to claim.

Irish courts are slow to penalise workers heavily in this context, and for good reason — the employer sets the system of work, the employer chooses the equipment, and the employer decides the level of supervision. A worker's desire to get on with the job — even if it means accepting a substandard setup — is often treated as praiseworthy rather than negligent. Where the employer created the conditions that made the fall foreseeable, the worker's momentary error rarely shifts the balance significantly.

Typical contributory negligence reductions in fall-from-height cases range from 10% to 25%. A finding above 30% is uncommon unless the worker deliberately ignored clear safety instructions that they had been properly trained on.

Common fall-from-height scenarios — it isn't just construction

Falls from height occur across every sector, not only construction. The perception that height claims are limited to building sites is a myth contradicted by HSA fatality data [7]. Agriculture alone accounted for 40% of all Irish workplace fatalities in 2025 — many involving falls from barn roofs, silage pits, tractor cabs, and fragile agricultural structures.

Falls from height by work setting

Sector	Common fall scenarios	Relevant regulation
Construction	Scaffolding, ladders, roof edges, open floors, fragile skylights	Part 4 + construction-specific duties
Agriculture	Barn roofs, silos, tractor cabs, hay lofts, fragile roof sheets	Regulation 108 (fragile surfaces)
Warehousing	Loading bay edges, racking, mezzanine floors, pallet stacking	Regulation 100 (hierarchy)
Retail	Shelf stacking from stepladders, stockroom platforms	Schedule 7 (ladder restrictions)
Maintenance	Window cleaning, roof repair, gutter access, ceiling work	All of Part 4
Telecoms/utilities	Mast climbing, pole work, duct access	Regulation 100 + PPE as last resort

Injuries typical of falls from height

The most common serious injuries from falls at work in Ireland are fractures (particularly calcaneal, spinal, and wrist fractures), traumatic brain injuries, and spinal cord damage. The vertical impact forces involved mean height falls produce a distinct pattern of trauma that differs sharply from same-level slips or manual handling injuries — more severe, longer recovery, and higher compensation values.

Calcaneal (heel bone) fractures are biomechanically characteristic of vertical landings. Burst fractures of the spine result from axial loading — the force transmitted vertically through the vertebral column on impact. Traumatic brain injuries occur when the head strikes the landing surface or the worker is not wearing a hard hat. Falls through fragile surfaces — skylights, fibre-cement roof sheets, or degraded service duct covers — account for roughly 22% of fatal height falls nationally, according to HSA guidance³.

Psychological injury after a fall is frequently underestimated. Post-traumatic stress disorder, a lasting fear of heights, and anxiety about returning to work are recognised heads of damage under the Personal Injuries Guidelines [10] and attract their own compensation bands.

Compensation ranges under the Personal Injuries Guidelines

General damages for falls from height in Ireland range from €20,000 for serious fractures to over €550,000 for catastrophic spinal cord injuries, assessed under the Judicial Council's Personal Injuries Guidelines (2021). These Guidelines remain in force for 2026 after the Government rejected a proposed 17% uplift in late 2024. General damages cover pain, suffering, and loss of amenity. Special damages cover financial losses — past and future earnings, medical costs, home modifications, and ongoing care. Source: Judicial Council [10]; IRB rules [2].

Indicative general damages ranges for injuries common in falls from height (2021 Guidelines, in force 2026)

Injury type	Severity	General damages range
Multiple fractures (wrists, ribs, limbs)	Serious, lasting restrictions	€20,000 – €100,000+
Back injury / disc lesion	Requiring surgery, permanent limitations	€40,000 – €92,000
Calcaneal (heel) fracture	Complex, risk of long-term arthritis	€20,000 – €60,000
Spinal cord injury	Paraplegia / quadriplegia	€320,000 – €550,000+
Traumatic brain injury	Moderate to serious	€200,000 – €350,000
PTSD / severe psychiatric damage	Poor prognosis, unable to return to industry	€80,000 – €170,000
Neck injury with spinal fracture	Fracture or disc damage requiring fusion	€70,000 – €150,000

Falls from height rarely produce isolated, minor soft-tissue damage. Multi-trauma claims — a spinal fracture combined with rib fractures and PTSD, for example — are assessed by anchoring the award to the most severe injury and adjusting upward for secondary injuries. The figures above cover general damages only. For a construction worker or tradesperson unable to return to physical work, special damages for future loss of earnings over a full working life can push total settlements well beyond €500,000. The highest single workplace injury award recorded by the IRB in 2024 was €592,225. Gary Matthews Solicitors' recommendation: never accept an early settlement offer before your treating consultant has confirmed your prognosis is stable — settling before maximum medical improvement risks permanently undervaluing the claim.

Something clients rarely expect: Irish statutory sick pay (5 days per year at 70% of normal pay, capped at €110/day as of 2025) doesn't come close to covering the income gap from a serious fall. The difference between what statutory sick pay provides and what you would have earned is itself a compensable loss under special damages — along with any leave or holidays you had to use during recovery.

The IRB claims process for falls from height

All workplace injury claims in Ireland must first go through the Injuries Resolution Board (IRB) — you cannot bypass this step and go directly to court. Under Section 11 of the Personal Injuries Assessment Board Act 2003 [11], you must submit a Form A application, accompanied by medical reports and a €45 fee, to the IRB before any court proceedings can begin.

Average processing time for a workplace liability claim is approximately 11.2 months. If the IRB makes an assessment and both parties accept, the claim settles. If either party rejects the assessment, the IRB issues an authorisation allowing you to proceed to court. From handling these claims, the timing matters more than most guides suggest: the two-year limitation clock runs during IRB processing, so submitting early protects your position.

What the IRB assessor considers in a fall-from-height claim

The IRB assessment focuses on the injury, not the fault question. Assessors examine the medical evidence (consultant reports carry more weight than GP letters), the severity and prognosis, the impact on daily life and work capacity, and whether the injury falls within the Guidelines bands. For height falls specifically, the mechanism matters: a vertical fall producing bilateral calcaneal fractures is assessed differently from a lateral fall producing a single wrist fracture. Multi-site injuries — common in height falls — are assessed as a whole, anchored to the most severe injury.

Interim payments for serious falls

If you've suffered a serious fall and can't work, you don't necessarily have to wait for the full claim to resolve before receiving financial support. Irish law allows solicitors to seek interim payments from the employer's insurer to cover immediate needs — lost earnings, medical treatment, rehabilitation costs. Insurers don't always agree voluntarily, but the court can order interim payments where liability is not seriously disputed and the claimant has an urgent financial need. For workers facing months without income after a catastrophic fall, this can be critical.

The IRB offers free mediation services that can accelerate resolution. However, the IRB assesses compensation — it doesn't decide liability. Complex cases involving disputed fault, multi-party liability, or catastrophic injuries typically proceed to court after the IRB stage.

Evidence that strengthens a fall-from-height claim

The difference between a strong fall-from-height claim and a weak one usually comes down to evidence preserved in the first 48 hours after the accident. Height-specific evidence is different from general workplace injury evidence — scaffold inspection records, harness certification logs, and risk assessment documents are perishable and employer-controlled. In our experience, the single most common reason fall claims lose value is that scaffold inspection records weren't requested before the scaffolding was dismantled or the logbook was overwritten.

Evidence to secure immediately:

• Photographs — the fall location, the equipment you were using (ladder, scaffold, platform), any missing guardrails, broken components, and the landing surface
• The employer's accident report — request a copy and do not sign a version you disagree with
• Witness details — names and phone numbers of anyone who saw the fall or the setup
• CCTV — ask whether cameras cover the area; retention periods can be as short as 7 days
• Medical records — attend A&E or your GP immediately and describe all symptoms, including anxiety or fear
• Equipment records — scaffold inspection logs, harness test certificates, MEWP service records
• Risk assessment — the employer's written risk assessment for the specific task you were doing. The HSA provides a free online risk assessment tool at BeSMART.ie [16] — if your employer didn't conduct any risk assessment for height work, and didn't even use this free resource, the absence of any documented assessment strengthens your claim substantially
• Training records — evidence of height-specific safety training (or its absence)

If CCTV exists, move quickly. Between assessment and acceptance, the sticking point is usually documentary evidence that the employer controlled and may not voluntarily disclose. A solicitor can request discovery orders through the court to obtain scaffold inspection records and maintenance logs the employer may be reluctant to share.

Employer failure to report the accident to the HSA is itself evidence that strengthens your claim. Under Section 8 of the 2005 Act and the Safety, Health and Welfare at Work (Reporting of Accidents and Dangerous Occurrences) Regulations 2016, employers must report accidents causing three or more consecutive days' absence to the HSA using the IR1 form. If your employer failed to do this — and many don't, particularly smaller firms — it demonstrates a broader pattern of safety non-compliance. It's also a separate criminal offence. From handling height-fall cases, the absence of an IR1 report often correlates with the absence of a risk assessment and inspection records too.

HSA prosecutions: what fines employers face

The Health and Safety Authority prosecutes employers who cause falls from height through regulatory failures, and recent fines have been substantial. Prosecution data published on hsa.ie [12] shows the courts are increasingly intolerant of well-known, preventable incident triggers like inadequate height protection.

Recent HSA prosecutions involving falls from height

Year	Company	Incident	Fine
2023	Ove Arup & Partners Ireland Ltd	Fatal fall through fragile surface in plant room	€750,000
2023	Warehousing company (Ballycoolin, Dublin)	Worker fell from pallet elevated on forklift	€50,000
2024	Shay Murtagh Precast Ltd (Westmeath)	Worker fell from height	€125,000
2020	Dublin company (falling object from height)	Fatal — object fell from height onto worker	€850,000

Criminal prosecution by the HSA is separate from your civil compensation claim. An employer convicted of safety breaches faces fines and, in serious cases, imprisonment. That conviction can also strengthen your civil case by establishing that the employer breached their statutory duties. In 2023 alone, the HSA pursued 19 prosecutions resulting in fines totalling nearly €1.4 million and issued 290 prohibition notices across all sectors, per the HSA Annual Report 2023 [13].

Time limits for claiming after a fall from height

The standard limitation period for a personal injury claim in Ireland is two years from the date of the accident, or from the "date of knowledge" if the full extent of the injury became apparent later. This is set by Section 7 of the Civil Liability and Courts Act 2004 [4]. Most solicitors work to the deadline of two years less one day — if your accident was on 15 March 2025, the last safe date to file is 14 March 2027. Missing this deadline permanently forfeits your right to compensation.

The "date of knowledge" exception matters for falls that produce injuries with delayed symptoms — disc herniation that only becomes apparent weeks later, or post-traumatic stress disorder that develops gradually. In these cases, the clock starts from when you first knew, or ought reasonably to have known, that your injury was significant and attributable to the fall.

Height-specific examples of delayed knowledge: a worker fractures their heel in a fall, assumes it's a bad sprain, and only discovers at a follow-up appointment six weeks later that the calcaneal fracture is complex and will require surgery. The limitation clock may run from that surgical consultation, not the original fall date. Similarly, a spinal compression fracture from axial loading can initially present as general back pain — the full extent may only become clear after an MRI weeks later. PTSD can take months to fully develop after a near-fatal fall.

A formal letter of claim must be sent to the employer under Section 8 of the Civil Liability and Courts Act 2004 [4] within one month of the cause of action (reduced from two months by a 2019 amendment). This letter must be served before you apply to the IRB — not just before court. Failure to send it within the one-month window can result in costs penalties at trial. Your solicitor handles this as a standard first step.

Exceptions extend the limitation period for minors (the clock starts at age 18) and persons under a legal disability. The two-year period runs during IRB processing, so submitting your Form A early is critical to preserving your position.

Multi-party liability: who else can be responsible?

Falls from height frequently involve more than one liable party — particularly on construction sites where a main contractor, subcontractor, scaffold supplier, and equipment hirer may all share responsibility. Under Irish law, concurrent wrongdoers are jointly and severally liable, meaning you can claim against any or all of them.

On construction sites, the Project Supervisor for the Construction Stage (PSCS) has specific statutory duties for coordinating safety, including height protection. The Project Supervisor for the Design Process (PSDP) bears responsibility for designing out height risks where possible. A scaffolding company that erects defective or improperly inspected scaffolding may be directly liable alongside your immediate employer.

For workers in complex multi-party scenarios, see our guide to employer duty of care for the general legal framework, and our third-party contractor liability guide for detailed coverage of multi-employer sites.

Self-employed and agency workers: can you claim?

Self-employed workers can claim for a fall from height if a third party — such as a client, site controller, or equipment supplier — owed them a duty of care and breached it. A self-employed roofer who falls because the building owner failed to provide safe access has a viable claim against that building owner. However, a self-employed person who falls at their own premises with no third-party involvement will generally have no one to claim against.

Agency workers have a clearer path. The host employer who directs your day-to-day work bears the same health and safety obligations as if you were directly employed. If the host employer failed to provide guardrails, safe equipment, or proper training, they're liable regardless of who technically employs you. For detailed coverage, see our agency worker accident claims guide.

What to do immediately after a fall at work

The steps you take in the first 48 hours after a fall from height directly affect the strength of any future claim.

1) Get medical attention. Attend A&E or your GP immediately. Mention every symptom — including dizziness, anxiety, or neck stiffness — even if it seems minor. Early, detailed medical notes become critical evidence. Falls from height can cause injuries with delayed presentation, particularly disc herniations and concussions.

2) Report the accident. Inform your supervisor or manager in writing. Ensure the details are recorded in the workplace accident report. Do not sign a report you disagree with — ask for a copy and note any inaccuracies in writing. Under Irish law, employers must report accidents causing more than three days' absence to the HSA using the IR1 form [14].

3) Preserve evidence. Photograph the scene, the equipment, and any visible injuries. Get witness contact details. Check for CCTV — retention can be as short as 7 days.

4) Do not admit fault. Do not sign or agree to any statement suggesting you caused or contributed to the accident. Contributory negligence is for the courts to decide, not your employer.

5) Get legal advice. A short call with a specialist workplace accident solicitor can clarify your time limits, the evidence you need to keep, and whether your situation is likely to support a claim. We often see people wait too long, and by then scaffold inspection records have been lost or overwritten.

Quick check: could your fall from height support a claim?

Answer these questions for a preliminary indication. This is not legal advice — every case depends on its facts.

Common questions about falls from height at work in Ireland

Can I claim if I fell from a low height — a step ladder or loading bay?

Yes. Irish law sets no minimum height threshold. A fall from any height where personal injury could result is covered by Part 4 of the General Application Regulations 2007. Falls from step ladders of 1-2 metres cause serious fractures and head injuries. The legal definition includes loading bays, mezzanine edges, and even below-ground falls into excavations.

Why it matters: Many workers assume their fall was "too low" to justify a claim, but the law doesn't make that distinction.

What if my employer says I wasn't following instructions?

You can still claim. Contributory negligence may reduce your award, but it doesn't eliminate your right to compensation. Irish courts recognise that the employer controls the system of work and the equipment provided. A worker's momentary error within a flawed system rarely attracts more than a 10-25% reduction. The key question is whether the employer provided a safe system in the first place.

Does a harness protect my employer from liability?

Not necessarily. Under the hierarchy of controls (Regulation 100), harnesses are a last resort. If a guardrail, scaffold, or work platform could reasonably have been used instead, providing a harness does not discharge the employer's duty. The employer must show why collective protection was impracticable before relying on personal PPE.

How long does a fall from height claim take in Ireland?

Most fall-from-height claims take 12 to 24 months from first instruction to resolution. The IRB assessment stage averages approximately 11.2 months for workplace liability claims. If both parties accept the assessment, the claim settles shortly after. If either side rejects, you receive an authorisation to proceed to court — and court proceedings typically add another 6 to 18 months depending on the court venue (Circuit Court or High Court) and whether the case settles at a pre-trial stage. The majority of workplace height-fall claims settle before reaching a full hearing. Complex cases involving catastrophic injuries, disputed liability, or multiple defendants take longer. The overall timeline is also affected by medical recovery — your solicitor will usually wait until your prognosis is clear before finalising the claim, because settling too early risks undervaluing future treatment needs.

I'm self-employed. Can I make a claim?

Possibly. If a third party — a client, site controller, or main contractor — failed to provide safe working conditions, you can claim against them. If you fell at your own premises with no third-party involvement, there is typically no one to claim against. Self-employed workers accounted for 40% of workplace fatalities in 2025, often operating alone without adequate safety infrastructure.

How much does it cost to make a claim?

The IRB application fee is €45. Most workplace injury solicitors, including Gary Matthews Solicitors, operate on a no win, no fee basis — you don't pay legal fees unless your claim succeeds. The initial consultation is free.

Next step: Call 01 903 6408 for a free, no-obligation assessment of your fall-from-height claim.

What happens if my employer doesn't have insurance?

All employers in Ireland are required by law to have employers' liability insurance. If your employer is uninsured, you can still pursue a claim — the court can enforce judgment against the employer directly, and the State's compensation mechanisms may apply in certain circumstances. Speak to a solicitor early if you suspect your employer is uninsured.

For employers who do have insurance (the vast majority): the insurer pays any award, not your employer personally. Your employer doesn't write a cheque. Their insurance company assesses the claim, negotiates settlement, and pays compensation directly. The employer's only involvement is cooperating with the insurer's investigation. The claim runs through the insurance process — it does not come out of your employer's bank account or affect your day-to-day working relationship.

I was hit by an object that fell from height — can I claim even though I didn't fall myself?

Yes. Regulation 101 of the 2007 Regulations requires employers to prevent objects falling from any workplace at height. If a tool, brick, or material fell from scaffolding or a platform and injured you at ground level, the same Part 4 regulations apply. The employer's duty covers both preventing workers from falling AND preventing objects from falling onto people below. The evidence requirements are similar: what protection was in place, was there netting or a debris catch, and were tools secured properly.

Can I be sacked for making a claim?

No. Dismissing an employee for making a legitimate workplace injury claim is unfair dismissal under the Unfair Dismissals Act 1977. Your employer's insurance company handles the claim and pays any award — not your employer personally. The claim runs through the insurer's process, not your day-to-day employment relationship.

What's the difference between this page and your ladder/scaffolding page?

This page covers all falls from height — the legal framework, liability, compensation, and process across every sector. Our ladder and scaffolding accident claims page focuses specifically on equipment-specific failures: defective scaffolding components, ladder inspection regimes, PSCS duties on construction sites, and equipment-specific case law.

What are fragile surface falls and why do they matter?

Falls through fragile materials — skylights, fibre-cement roof sheets, service duct covers — account for roughly 22% of fatal falls from height. Under Regulation 108 of the 2007 Regulations, employers must treat all roof surfaces as fragile until a competent person verifies otherwise. Falling through an unmarked, unprotected fragile surface creates a near-automatic presumption of employer negligence. The Ove Arup prosecution (€750,000 fine) arose from exactly this scenario.

References

1. Safety, Health and Welfare at Work (General Application) Regulations 2007, S.I. No. 299/2007 — Irish Statute Book
2. Injuries Resolution Board — injuries.ie
3. Work at Height guidance — Health and Safety Authority
4. Civil Liability and Courts Act 2004, s.7 — Irish Statute Book
5. Work-related fatalities 2025 — HSA, January 2026
6. Safety, Health and Welfare at Work Act 2005 — Irish Statute Book
7. Fatal Injury Statistics — HSA
8. Courts Sound Stark Warning About Working at Height — Mondaq, March 2021
9. Civil Liability Act 1961, s.34 — Irish Statute Book
10. Personal Injuries Guidelines — Judicial Council, 2021
11. Personal Injuries Assessment Board Act 2003 — Irish Statute Book
12. Prosecutions — HSA
13. HSA Annual Report 2023 — HSA
14. Reporting Incidents — HSA
15. Falls Are Preventable Campaign — HSA, 2026
16. BeSMART Risk Assessment Tool — HSA

Related guides: Accident at work overview • Construction site accident claims • Workplace injury compensation • Employer duty of care • Workplace safety regulations • Back injury at work • Slip and fall at work

This is general information about Irish law, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.