Agency Worker Accident Claims in Ireland: Who Is Liable and How to Claim

Agency workers injured at work in Ireland have the same right to claim compensation as permanent employees. The critical question is not whether you can claim, but who you claim against. Name the wrong respondent on your Injuries Resolution Board (IRB) application and you risk running out of time to correct it within the two-year limitation period. Under the Safety, Health and Welfare at Work Act 2005, the hirer (the company where you physically work), the recruitment agency, or both may owe you a duty of care depending on who controlled your work and your workplace. Temporary worker compensation in Ireland follows the same rules as any other workplace injury claim, but the dual-employer structure adds a layer of complexity that most guides fail to address.

Your Rights as an Agency Worker Under Irish Safety Law

Agency workers in Ireland are entitled to the same health and safety protections as directly hired employees from their first day on assignment. The Protection of Employees (Temporary Agency Work) Act 2012 entitles agency workers to equal treatment in basic working and employment conditions, including rest breaks, annual leave, pay, and public holidays. For health and safety purposes, the position is even stronger.

Section 12 of the Safety, Health and Welfare at Work Act 2005 places a direct duty on any employer to protect persons other than their own employees from risks arising from their work activities. When a hirer brings an agency worker onto their site, that hirer owes you the same workplace safety obligations they owe their permanent staff. The hirer must provide a safe place of work, safe equipment, adequate training, and competent supervision.

Section 8 of the same Act imposes general employer duties on the agency as your contractual employer. The agency must not send you into an environment they haven't assessed as reasonably safe. EU Directive 91/383/EEC, which is cited in the preamble of the 2005 Act, specifically requires enhanced protections for workers in temporary employment relationships.

A detail that catches many agency workers off guard: the hirer's duty extends to providing site-specific safety induction. The HSA guidance on vulnerable workers flags that agency and temporary staff face higher injury risk because they're often unfamiliar with site-specific hazards. A generic safety briefing from the agency doesn't satisfy the hirer's obligation to provide workplace-specific training.

Equal treatment isn't just a principle on paper. In the WRC case Costello v Shannon Transport Logistics, an agency forklift driver paid €13.50 per hour successfully claimed equal pay with the hirer's directly employed workers who earned €18.50 per hour for identical work, relying on Section 6 of the 2012 Act. CIPD HR-Inform Ireland The same equal treatment logic applies to safety protections: if permanent staff get site-specific manual handling training, you're entitled to it too.

Section 10 of the 2005 Act requires that all instruction and training be provided "in a manner, form and language that is reasonably likely to be understood." Many agency workers in Ireland are non-Irish nationals. If your site induction or safety training was conducted only in English and you're a non-native speaker, the hirer may have breached this specific statutory obligation. That breach can form part of your claim.

Are You Actually an Agency Worker?

Not everyone placed through an agency qualifies as an "agency worker" under the 2012 Act. The legal definition requires that you're employed by the agency under a contract of employment and assigned to work under the direction and supervision of a hirer. The following are NOT agency workers for the purposes of the Act:

If you're unsure of your status, check your contract. The distinction matters because independent contractors follow a different liability path and don't benefit from the equal treatment protections of the 2012 Act. See our guide to third-party contractor liability if your situation is closer to that description.

Who Is Liable: The Agency, the Hirer, or Both?

In most Irish agency worker injury claims, the hirer bears primary liability because they control the workplace, the equipment, and the daily system of work. However, both the agency and the hirer may share liability depending on who failed in their respective duties. Getting this analysis right before filing your claim is the single most important step.

The practical difficulty is distinguishing fault before formal discovery. An agency that failed to verify site safety and a hirer that failed to train you may both be at fault. A leading Irish employment law authority, the late Richard Grogan, advised that in atypical employment disputes involving agency workers, the safest legal approach is to name both the employment agency and the host employer as respondents and work out liability through the process. Irish Legal News

What Courts Look at When Deciding "Control"

Irish courts assess control by examining specific practical factors, not just the written contract. When determining whether the hirer or the agency bore responsibility for your safety, adjudicators and judges typically consider who gave you daily work instructions, who set your hours and break times, who provided tools and equipment, who could discipline you or remove you from the task, and who supervised the method of work. If the answer to most of these is "the hirer," the hirer is the party that owed you the primary duty of care. You can apply this test yourself by reviewing your own working arrangements before you speak to a solicitor.

The hirer also has a statutory obligation to provide information to the agency. Under the 2012 Act, the hirer must give the agency "all such information as the employment agency reasonably requires to enable the employment agency to comply with its obligations." If the hirer withheld information about known site hazards and your agency placed you there without knowing the risks, both parties may share fault, but the hirer's failure to disclose weighs heavily against them.

The concept of vicarious liability also applies. If a permanent employee of the hirer causes your injury while acting within the scope of their employment, the hirer may be vicariously liable for that employee's actions. Irish Legal Guide

Scenario: who do you claim against?

This dual-liability structure is specific to Irish law. Unlike in the United Kingdom, where the Agency Workers Regulations 2010 and the Health and Safety at Work Act 1974 create a different framework, Irish claims are governed by the Safety, Health and Welfare at Work Act 2005 and the Protection of Employees (Temporary Agency Work) Act 2012. Content written for UK agency workers does not apply in Ireland, and relying on UK guidance can lead to incorrect respondent identification.

Why Naming the Correct Respondent on Your IRB Application Matters

Naming the wrong party on your IRB Form A can cost you months and may push your claim past the two-year limitation period. The Workplace Relations Commission case ADJ-00019796 illustrates the consequences: an agency worker took an unfair dismissal case against their employment agency instead of the hirer. By the time the error was identified, the worker was out of time to bring proceedings against the correct respondent. Employment Rights Advice

For personal injury claims, the IRB issues a Formal Notice of Claim to each named respondent. Each respondent has 90 days to consent or decline the assessment. Each consenting respondent is charged a processing fee. If one party consents and the other declines (arguing they had no control over your safety), the IRB issues an Authorisation allowing you to pursue the non-consenting party through the courts.

One aspect the official IRB guidance doesn't fully address: when you name two respondents, you must serve a notice under Section 8 of the Civil Liability and Courts Act 2004 on the person against whom the claim is made. For agency workers, this means notifying both the agency and the hirer in writing within one month of the accident. Many injured agency workers notify only the hirer's site supervisor, or only their agency contact. Notify both in writing to protect your position.

According to Citizens Information (Updated 2025), the IRB assesses most claims within 9 months of respondent consent. For temporary staff injury claims with dual respondents, this timeline can stretch if consent is delayed or one party declines. Early solicitor involvement reduces the risk of naming errors that cost time.

Common Accidents Affecting Agency Workers in Ireland

Agency workers are concentrated in sectors with the highest workplace injury rates in Ireland. According to the HSA Annual Review, 10,441 non-fatal workplace incidents were reported in 2024, a 3% increase on the previous year. Manual handling injuries accounted for roughly 29% of reported non-fatal incidents, with back injuries representing 26% of all cases.

Agency workers are frequently placed in the sectors where these injuries happen most:

The healthcare sector alone accounted for 24% of all workplace injuries reported to the HSA in 2023 (2,296 cases). Agency healthcare workers covering shifts in unfamiliar hospitals or care homes face compounded risk because they may not know the layout, protocols, or equipment at each new site. Whether you're a temp worker placed by a recruitment agency in a warehouse or temporary staff covering a nursing shift, the same duty of care applies to whoever controls your working conditions on that site.

What to Do After a Workplace Accident as an Agency Worker

Report to both the hirer's site supervisor and your employment agency in writing on the same day if possible. Unlike permanent employees who only have one employer, agency workers must ensure that both parties have a record of the incident. The timing matters more than most guides suggest: if you report to the agency but not the site, the hirer may later deny the accident happened on their premises.

HSA reporting is NOT your responsibility. If your injury keeps you from work for three or more consecutive days, the employer must report it to the Health and Safety Authority. For agency workers, the hirer (as the person controlling the workplace) typically carries this reporting duty. If neither the hirer nor the agency reports your accident to the HSA, that failure can strengthen your claim. This leads to the question of how the IRB process handles your claim when two parties are involved.

How the IRB Process Works for Agency Worker Claims

Agency worker claims follow the same IRB process as any workplace injury claim, but the multi-respondent dimension adds procedural complexity. The Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB) until 2023, assesses most personal injury claims in Ireland before any court proceedings can begin.

Your solicitor submits the claim on IRB Form A, naming either the hirer, the agency, or both as respondents. Each named respondent is independently notified and given 90 days to consent to the IRB's assessment. Each consenting respondent pays a processing fee of €1,200. IRB FAQs If a respondent doesn't reply within three months, they're deemed to have consented.

What happens when the agency and hirer disagree on fault?

The €1,200 per-respondent fee sometimes acts as a practical catalyst, pushing both parties toward early mediation rather than expensive High Court proceedings on the liability split. At this point, you'll need to decide whether to accept or reject the IRB's assessment once it's issued. Your solicitor manages this so you can focus on recovery.

Social Welfare Benefits After a Workplace Injury

Agency workers in insurable employment qualify for Injury Benefit under the Occupational Injuries Scheme from their first day of work. Unlike standard Illness Benefit, Injury Benefit does not require a minimum history of PRSI contributions. You simply need to be in employment insurable at PRSI Class A, D, J, or M at the time of the accident. Citizens Information (Injury Benefit)

Agency workers typically pay PRSI Class A through the agency (who is the employer for social insurance purposes under the Social Welfare (Miscellaneous Provisions) Act 2003). This means you qualify.

You cannot receive Statutory Sick Pay and Injury Benefit for the same days. If you exhaust your five SSP days and remain unfit for work, you transition to Injury Benefit. If your agency assignment lasted less than 13 weeks (so you don't qualify for SSP), you can apply for Injury Benefit directly after the three waiting days. Citizens Information (Occupational Injuries Scheme)

One detail that surprises many agency workers: the Injury Benefit and other payments you receive from the Department of Social Protection are ultimately deducted from your final compensation settlement through the Recovery of Certain Benefits and Assistance (RBA) Scheme, established under the Social Welfare and Pensions Act 2013. The compensator (typically the insurer) repays these amounts to the State. You don't have to repay them yourself.

Unlike in the UK, where Statutory Sick Pay runs for up to 28 weeks, Irish SSP is limited to 5 days per year. Agency workers in Ireland who are injured therefore rely on Injury Benefit far sooner than their UK counterparts would. The transition from SSP to Injury Benefit is a step your solicitor or the Citizens Information service can help you with.

If your agency has been placing you on a series of short contracts for the same hirer, don't assume you lack the 13 weeks' continuous service needed for SSP. Section 7 of the 2012 Act prohibits agencies from restarting contracts each time a new assignment begins specifically to prevent workers being denied accumulated service. If your breaks between assignments were less than three months, those contracts may be treated as continuous for SSP purposes.

Even if your injury seems minor now, apply for a declaration from the Department of Social Protection that your accident was occupational. This creates an official record under the Occupational Injuries Scheme. If symptoms develop or worsen months later (common with back injuries and repetitive strain), the declaration protects your right to Disablement Benefit or Medical Care Scheme refunds. Agency workers change jobs frequently, so this record becomes your proof linking a future condition back to a specific workplace incident.

Will Making a Claim Affect Your Future Agency Placements?

Irish law protects agency workers against retaliation for reporting a workplace accident or pursuing a claim. The fear of losing future assignments is the single biggest reason agency workers don't pursue valid injury claims. The protection, though, is real.

Section 27 of the Safety, Health and Welfare at Work Act 2005 prohibits penalisation of any worker for exercising their safety rights, including reporting an accident or filing a claim. Penalisation is defined broadly: it covers dismissal, demotion, reduction in hours, unfavourable changes to conditions, or any financial penalty. Complaints of penalisation go to the Workplace Relations Commission (WRC), which can award compensation.

The Protection of Employees (Temporary Agency Work) Act 2012 specifically protects agency workers against victimisation for reporting breaches of the Act. Neither the hirer nor the agency can penalise you through dismissal, unfair treatment, or unfavourable changes to your employment conditions.

An important legal distinction applies if the hirer terminates your assignment after your accident. Section 13 of the Unfair Dismissals (Amendment) Act 1993 provides that for unfair dismissal purposes, the agency worker is deemed to be an employee of the hirer, not the agency. Your unfair dismissal claim goes against the company that let you go, not the agency that placed you there. WRC adjudicators have confirmed this in multiple decisions. Bright Contracts In the WRC case Craddock v Head-Hunt International (ADJ-00036831), the adjudicator applied intensive scrutiny to determine the true employer of a long-term agency worker assigned to a state entity, confirming that the hirer, not the agency, was the correct respondent for redundancy and dismissal claims. Crushell & Co

This is NOT the same as losing your claim. Terminating your assignment doesn't end your personal injury claim. The injury claim and the dismissal claim run on separate tracks with separate respondents and separate time limits. The personal injury claim continues against whoever was negligent, regardless of whether you still work at the site.

Evidence Challenges When Your Assignment Has Ended

Agency workers face a unique evidence problem: once the assignment ends, you lose physical access to the workplace where the accident happened. The hirer controls the CCTV footage, accident book, risk assessments, training records, and maintenance logs. The agency may hold your contract, assignment letter, and payroll records, but rarely has the site-specific evidence you need.

Act quickly to preserve evidence while you still have access or shortly after leaving:

The absence of documentation often works in the claimant's favour. Under Irish law, the burden shifts once you establish the basic elements (duty owed, injury suffered, hazard existed). If the hirer cannot produce a written risk assessment for the hazard that injured you, they will struggle to prove they did what was reasonably practicable. Courts apply this principle consistently. See our full guide to employer duty of care in Ireland.

One piece of evidence no competitor mentions: the hirer's safety statement. Under Section 20 of the 2005 Act, every employer must maintain a written safety statement that identifies workplace hazards, assesses risks, and describes protective measures. If the hirer's safety statement doesn't specifically address the risks faced by temporary or agency workers on their site, that's a documented gap in their compliance. Ask your solicitor to request a copy. Its absence, or its failure to mention agency staff, is strong evidence of a breach of the hirer's statutory duty.

How Agency Worker Compensation Is Calculated

Agency workers receive compensation on exactly the same basis as permanent employees. The Judicial Council's Personal Injuries Guidelines (2021), which replaced the former Book of Quantum, set the ranges for general damages (pain and suffering). Special damages cover your actual financial losses.

For agency workers, special damages may include a head of claim that permanent employees rarely face: loss of future agency assignments. If your injury prevents you from taking assignments you would otherwise have been offered, this lost earning capacity forms part of your claim. Your solicitor can evidence this through your assignment history, the agency's records, and market data for your sector.

Temporary staff often work variable hours across different placements. Calculating lost earnings for a temp worker injury claim requires averaging your earnings over the 12 months before the accident, including overtime and shift premiums. If you worked through multiple agencies or had gaps between assignments, your solicitor gathers payslips and P60s to build an accurate earnings profile. The IRB uses the same Personal Injuries Guidelines as the courts, so the assessment approach is identical whether your claim settles at the IRB or goes to court.

For full detail on how workplace injury compensation is assessed in Ireland, see our workplace injury compensation guide. Awards depend on the nature, severity, and duration of the injury, and every case turns on its own facts.

Common Questions

References

1. Injuries Resolution Board (IRB), How to Make a Claim
2. Safety, Health and Welfare at Work Act 2005 (Law Reform Commission, Revised Acts)
3. Protection of Employees (Temporary Agency Work) Act 2012 (Irish Statute Book)
4. Citizens Information, Agency Workers
5. HSA, Safety, Health and Welfare at Work Act 2005
6. Citizens Information, Injury Benefit
7. HSA, Vulnerable Workers
8. Irish Legal News, Richard Grogan on Agency Workers
9. Irish Legal Guide, Liability Issues
10. Employment Rights Advice, Agency Workers
11. Civil Liability and Courts Act 2004, Section 8 (Irish Statute Book)
12. HSA, Annual Review of Workplace Injuries, Illnesses and Fatalities
13. Gov.ie, IRB Mediation Service for Public Liability Claims (May 2024)
14. Social Welfare (Miscellaneous Provisions) Act 2003 (Irish Statute Book)
15. Citizens Information, Occupational Injuries Scheme
16. WRC, Agency Workers
17. Unfair Dismissals (Amendment) Act 1993 (Law Reform Commission, Revised Acts)
18. Bright Contracts, Case Law: Dismissal of Agency Workers
19. Judicial Council, Personal Injuries Guidelines (2021)
20. CIPD HR-Inform Ireland, Agency Workers
21. IRB, Frequently Asked Questions (Fees)
22. Gov.ie, Occupational Injuries Benefit Scheme (RBA)
23. Crushell & Co, Agency Workers: Determining an Employer

This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.