Dermatitis at Work Claims in Ireland: How to Prove Your Case and Claim Compensation
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 • 3rd Floor, Ormond Building, 31–36 Ormond Quay Upper, Dublin D07 • 01 903 6408 •
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.
According to the Health and Safety Authority (HSA), occupational dermatitis is the most common work-related disease in Ireland. Workers who develop it because of chemical exposure at work can claim compensation through the Injuries Resolution Board (IRB). Irish employers must assess chemical risks under the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001–2021 [1], not the UK's COSHH rules. If your employer failed to carry out that assessment, the failure itself can establish negligence.
In short: GP diagnosis + dermatologist patch test → match allergen to workplace Safety Data Sheet → file IRB claim within two years of date of knowledge → claim Injury Benefit separately. Sources: HSA [2]; IRB [3].
Quick answers
Contents
Can you claim for dermatitis at work in Ireland?
Yes. If you developed dermatitis because your employer in Ireland failed to assess chemical risks or provide proper skin protection, you can claim compensation through the Injuries Resolution Board (IRB). Your employer has a legal duty under the Safety, Health and Welfare at Work Act 2005 and the Chemical Agents Regulations 2001–2021 to identify chemicals that can harm your skin, control exposure, and monitor your health. If they didn't do this and you developed dermatitis, that failure supports a negligence claim under Irish law.
Three conditions must be met for a dermatitis claim in Ireland to succeed: your employer owed you a duty of care (they did, by law), they breached that duty (by failing to assess chemical risks or provide suitable PPE), and the breach caused your condition (proven through medical evidence linking workplace chemicals to your dermatitis). If all three are established, the IRB assesses compensation using the Personal Injuries Guidelines 8.
What is occupational dermatitis?
Occupational dermatitis is skin inflammation caused by contact with chemical products or irritants at work. The condition causes redness, itching, cracking and blistering, most often on the hands and forearms. The Health and Safety Authority [2] confirms it is the most common work-related disease in Ireland.
Research cited by the HSA shows that up to 50% of affected workers still have skin problems 10 years after the condition first develops. Once the outer protective layer of the skin (the epidermis) is damaged beyond its normal rate of repair, the condition can become chronic. That long-term prognosis has a direct bearing on how compensation is valued in Irish claims.
A detail that catches many claimants off guard: dermatitis that develops at work isn't always obvious. Symptoms may start mild, with dry or itchy skin on the hands, and worsen gradually over months. Many workers assume it's normal wear and tear before a GP identifies the workplace connection.
Still working and suspect your skin condition is work-related? Report it to your employer in writing now. Ask for a copy of the chemical risk assessment and the Safety Data Sheets for products you handle. Start photographing your hands weekly with dated images. See your GP and request a referral to a dermatologist. These steps protect your evidence and your time limits.
Could my skin condition be work-related?
Answer these questions for a preliminary indication. This is not medical or legal advice.
1. Where on your body is the skin condition?
2. Do your symptoms improve on holidays or days off?
3. At work, do you handle chemicals, cleaning products, solvents, cement, oils, or wash your hands frequently?
4. Does your employer provide gloves or other skin protection?
5. Did your symptoms start or worsen after you began this job?
6. How long have you had symptoms?
Irritant vs allergic: two different conditions, two different claims
Irritant contact dermatitis accounts for roughly 80% of occupational skin disease cases, while allergic contact dermatitis accounts for the remaining 20%. The distinction matters because each type involves a different biological mechanism, a different standard of proof, and a different long-term outlook.
| Feature | Irritant contact dermatitis | Allergic contact dermatitis |
|---|---|---|
| How it works | Direct chemical erosion of the skin's protective layer, like a chemical burn | Type IV delayed hypersensitivity: the immune system reacts to a sensitiser |
| Dose-related? | Yes. Severity depends on concentration and duration of exposure | No. Once sensitised, even tiny amounts trigger a reaction |
| Where it appears | Only on skin that contacts the irritant (hands, forearms, face) | Can spread to areas not in direct contact (the "Id" reaction) |
| Long-term outlook | Often improves if exposure stops and skin recovers | Sensitisation is lifelong. The worker can never safely return to that chemical. In Ireland, this affects both the severity banding and the future loss of earnings calculation. |
| Common triggers | Wet work, solvents, cutting oils, alkalis, acids, wet cement | Chromates (cement), epoxy resins, nickel, latex, formaldehyde, hair dyes |
| Key hazard codes | GHS05, GHS07, H314, H315 | GHS07, H317, EUH 203, EUH 204, EUH 205 |
| Proving causation | Easier: dose-response relationship is straightforward | Harder: requires patch testing by a dermatologist to identify the specific allergen |
Both types can occur together. The HSA notes that irritant dermatitis can damage the skin barrier enough to allow sensitisers to penetrate more easily, triggering an allergic response on top of the irritant one. Source: HSA occupational dermatitis FAQ 2.
Irish law that governs your employer's duties
In Ireland, employer duties around workplace chemicals are governed by the Safety, Health and Welfare at Work Act 2005 and the Chemical Agents Regulations 2001–2021. The UK's COSHH Regulations do not apply here. The HSA states this explicitly on its chemical agents legislation page [1].
Under Section 8 of the 2005 Act [6], every employer must ensure the safety of employees. For workplaces using chemicals, that means carrying out a written risk assessment under the Chemical Agents Regulations. The 2024 Code of Practice [7] sets the current standard.
What the risk assessment must cover
The HSA lists specific questions employers must answer during their chemical risk assessment:
| Risk assessment question | What it checks |
|---|---|
| Are chemicals from known irritant/sensitiser groups in use? | Identifies the hazard at source |
| Do packages carry GHS07 or GHS05 pictograms? | Hazard labelling compliance |
| Does the Safety Data Sheet list H315, H317, or H314? | Skin-specific hazard statements |
| What concentrations are being used across the process? | Collective exposure (multiple chemicals combined) |
| Does exposure exceed the occupational exposure limit? | Code of Practice threshold check |
| Has anyone in the workplace suffered skin problems before? | Previous incident history |
The hierarchy of controls: gloves are the last resort
The HSA requires employers to follow a strict order of priority when controlling chemical skin risks. Removing the hazardous chemical entirely comes first. Substituting it with a less harmful alternative comes second. Engineering controls (splash guards, extractors, enclosed systems) come third. Personal protective equipment like gloves comes last. When an employer's only response to a dermatitis risk was handing out gloves without considering removal, substitution, or engineering controls first, they have not met the standard required by the Chemical Agents Regulations 2.
The difference between assessment and acceptance often comes down to this: if your employer never carried out a chemical risk assessment at all, the absence of that assessment is itself a breach of statutory duty under Irish law. You don't need to prove the specific chemical caused your dermatitis first. The employer's failure to even look for the risk can establish the negligence that supports your claim.
COSHH does not apply in Ireland. Many online guides reference the UK's Control of Substances Hazardous to Health Regulations. These are UK rules. In Ireland, the equivalent framework is the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001–2021, supported by the 2024 Code of Practice. Source: HSA [1].
Proving your dermatitis is work-related
Proving causation is the hardest part of most dermatitis claims. Your solicitor must show that workplace chemical exposure, not household products or hobbies, caused or worsened your condition. A medical report from your GP alone is usually not enough. In most cases, a report from a consultant dermatologist or occupational physician carries far more weight with the IRB and courts.
Patch testing: the strongest single piece of evidence
For allergic contact dermatitis, patch testing is the gold standard. The HSA describes the procedure: test substances are applied to the skin under adhesive tape, left for 48 hours, then examined on removal and again 48 hours later to identify delayed immune responses 2.
The test identifies the specific allergen your skin reacts to. That allergen can then be matched against the Safety Data Sheet (SDS) for chemicals used in your workplace. When the match is confirmed, it creates a direct link between a named workplace substance and your diagnosed condition.
Hazard codes as evidence
Workers can identify potential claim-supporting evidence directly from product labels. If your workplace chemicals carry GHS07 (exclamation mark) or GHS05 (corrosion symbol), and the SDS lists hazard statements H315 (causes skin irritation), H317 (may cause allergic skin reaction), or H314 (causes severe skin burns), the employer was on constructive notice that the product posed a dermatitis risk 2.
Health surveillance as evidence
The HSA requires employers to carry out health surveillance where the risk assessment identifies potential for work-related dermatitis. This includes pre-employment skin questionnaires to establish a baseline and routine monitoring of exposed workers. If your employer never conducted health surveillance despite using chemicals with H315 or H317 hazard statements, that omission can strengthen your claim. It shows the employer failed to follow even the monitoring steps, let alone the prevention steps 2.
You can claim even if nobody else is affected
Many workers hesitate to claim because their colleagues use the same chemicals without problems. The HSA confirms that allergic sensitisation is an individual reaction. The majority of an exposed group will not become sensitised. It is idiosyncratic, specific to one person's immune response. Being the only affected worker in your team does not weaken your claim. The employer's duty to assess and control the risk applies regardless of how many workers react 2.
What a medicolegal dermatology report should contain
The IRB requires medical evidence linking your condition to work. A strong medicolegal report from a consultant dermatologist or occupational physician should include: your diagnosis (irritant or allergic contact dermatitis), the specific chemicals identified as causative (matched to workplace SDS records), your full exposure history (duration, frequency, products used), examination findings, patch test results if applicable, your prognosis (expected recovery or permanence), and an estimate of percentage loss of faculty if Disablement Benefit is being pursued. A report that simply says "dermatitis" without naming chemicals and connecting them to workplace exposure is far less effective. According to the HSA, patch testing is the standard diagnostic method for identifying workplace sensitisers in Ireland 2.
The IRB claim process for occupational disease
All occupational dermatitis claims in Ireland must go through the Injuries Resolution Board (IRB) before court proceedings can start. This applies to workplace injuries and occupational diseases alike, with the sole exception of medical negligence cases. Source: Citizens Information [4].
The IRB, formerly known as the Personal Injuries Assessment Board (PIAB) until 2023, assesses claims using the Judicial Council Personal Injuries Guidelines (2021) [8]. The process works as follows:
1) Submit your application. Complete the IRB application form with medical evidence linking your dermatitis to workplace exposure. The fee is €45 online or €90 by post. Submit to the IRB at P.O. Box 8, Clonakilty, Cork. Source: IRB [3].
2) Respondent notification. The IRB notifies your employer, who has 90 days to consent to the assessment process.
3) Assessment. If your employer consents, the IRB has nine months to assess the claim. An independent medical examination may be arranged. The IRB applies the Personal Injuries Guidelines to determine the award.
4) Accept or reject. Both sides receive a Notice of Assessment. The respondent has 21 days, and the claimant 28 days, to accept or reject. If both accept, an Order to Pay issues. If either rejects, the IRB issues an Authorisation, allowing court proceedings within six months. The IRB offers a free mediation service for workplace injury claims (available since December 2023, extended to road traffic claims in December 2024), which can resolve cases faster than a full assessment where both parties are willing to negotiate.
One aspect the official guidance doesn't cover: for dermatitis claims, the medical report needs to go beyond a simple diagnosis. It should explain the specific chemicals involved, the duration of exposure, the biological mechanism (irritant or allergic), and the expected prognosis. A report that only says "dermatitis" without connecting it to a named workplace substance carries less weight in the assessment.
For context, the IRB processed 20,837 claims in 2024 with €168 million awarded in total compensation. The respondent consent rate reached a record 71%, meaning most employers engage with the process rather than forcing litigation. The median general damages award across all injury types was €13,000. Source: IRB Annual Report 2024 [16].
Section 8 notice. Under the Civil Liability and Courts Act 2004, s.8 [9], you should serve a written letter of claim on your employer within one month of your date of knowledge. Missing this deadline doesn't kill the claim, but courts can draw adverse inferences and penalise costs.
Time limits: the date of knowledge rule
Under the Statute of Limitations (Amendment) Act 1991, the time limit for an occupational dermatitis claim in Ireland is two years from your "date of knowledge" (Irish Statute Book [10]). This is not three years. The three-year limit applies in the UK and Northern Ireland, not in the Republic of Ireland.
The date of knowledge is the date you first knew (or reasonably should have known) three things: that your injury was significant, that it was caused by workplace negligence, and the identity of the responsible party. For occupational dermatitis, this is often the date a dermatologist confirms the condition is linked to workplace chemicals, not the date symptoms first appeared.
The timing matters more than most guides suggest: a worker might have dry hands for two years before a GP refers them for patch testing. The patch test results may be the moment "knowledge" crystallises. That makes the date of the dermatology report, not the first itch, the starting point for the two-year clock.
IRB suspension. The two-year clock pauses while your claim is with the IRB and for six months after the IRB releases the case by Authorisation. Source: Citizens Information [4].
How much compensation for dermatitis at work in Ireland?
Compensation for occupational dermatitis in Ireland is assessed under the Personal Injuries Guidelines (2021), which replaced the Book of Quantum in April 2021. These Guidelines are published by the Judicial Council [8] and must be used by the IRB and courts. Awards vary case by case and depend on severity, duration, body area affected, and impact on employment.
| Severity | Profile | Guideline range |
|---|---|---|
| Severe (both hands) | Severe cracking, psychological impact, affecting employment. Likely to last 7+ years or indefinitely. | €35,000 – €64,200 |
| Moderate | Recovery expected within 2–5 years with treatment. | €12,000 – €25,000 |
| Minor | Recovery expected within 1–2 years. | €6,000 – €12,000 |
| Transient | Complete recovery within 6 months. | €500 – €3,000 |
These figures cover general damages (pain and suffering) only. Special damages, which include medical expenses, lost earnings, travel costs, and future treatment, are calculated separately. For workers with allergic contact dermatitis who can never return to their occupation, future loss of earnings can make up the largest portion of the total claim.
Psychological impact increases the award. Chronic visible dermatitis, particularly on the face or hands, frequently triggers anxiety, depression, social withdrawal, and sleep disruption. The Guidelines specifically allow higher awards where the condition causes secondary psychological harm or where it affects a visible body area like the face. If you're experiencing mental health effects alongside your dermatitis, mention this to your GP and dermatologist so it's recorded in your medical evidence.
What special damages cover in dermatitis claims
Special damages are financial losses you've actually incurred or will incur. In dermatitis claims, these typically include: ongoing costs of prescription emollients and steroid creams (potentially lifelong for allergic cases), dermatology consultation fees, travel to medical appointments, lost wages during treatment and recovery, future loss of earnings if you can't return to your occupation, and the cost of vocational retraining if career change is necessary. Keep receipts for everything.
In a reported High Court case, a commercial cleaner was awarded €17,500 in general damages for moderate irritant contact dermatitis caused by prolonged use of strong cleaning substances without adequate chemically resistant gloves. The court found a clear causal link between the injuries and the employer's breach of statutory duty. Source: Irish Legal News [11].
In a separate reported case (included for comparison), a worker with occupational dermatitis settled for a five-figure sum plus costs before trial. The key factor was documented evidence of prolonged chemical exposure without suitable PPE. Source: Decisis [17]. Irish awards under the Personal Injuries Guidelines may differ from case to case depending on severity and prognosis.
Social welfare: Injury Benefit and Disablement Benefit
Workers with occupational dermatitis can claim social welfare Injury Benefit alongside their civil compensation claim through the IRB. These are separate systems with separate applications, and receiving one does not block the other. Source: Citizens Information [5].
| Benefit | What it covers | Key conditions |
|---|---|---|
| Injury Benefit | Weekly payment while unfit for work due to occupational disease | Apply within 6 weeks of onset. Paid from 4th day of incapacity, up to 26 weeks. PRSI class A, D, J or M required. No minimum contributions. |
| Disablement Benefit | Pension or lump sum for permanent loss of faculty | Apply within 3 months. 20%+ disablement = pension. Under 20% = lump sum. Paid regardless of fitness to work. |
| Medical Care Scheme | Reimbursement for treatment costs not covered by HSE | Notify Department within 6 weeks of starting treatment. |
Source: Department of Social Protection [12]; Citizens Information [13].
One detail that surprises clients: even if you're only off work for three days or less, you should still register a declaration of occupational disease with the Department of Social Protection. This creates a formal record. If the condition worsens later, that declaration protects your future entitlement to Disablement Benefit.
Recovery of Benefits and Assistance (RBA). If you receive Injury Benefit or Illness Benefit while your civil claim is pending, the Department of Social Protection can recover those payments from the final compensation award paid by the employer's insurer. The insurer must request a statement of recoverable benefits using the RBA01 form before settling. This reduces what the insurer pays, not what you receive in total, but you should be aware of how it affects the final figures. Source: Citizens Information [18].
Which workers are most at risk?
Workers in any role involving regular skin contact with chemicals, cleaning agents, or prolonged wet work face a higher risk of occupational dermatitis. The HSA and clinical research identify these sectors as particularly exposed:
| Industry | Primary irritants or sensitisers |
|---|---|
| Healthcare | Frequent handwashing, latex gloves, disinfectants. A study at Cork University Hospital found 82.6% of 270 healthcare workers reported irritant contact dermatitis symptoms during COVID-19. Source: Kiely et al. (2020) [14]. |
| Construction | Wet cement (chromates, a known sensitiser), epoxy resins, solvents, wood dust |
| Hairdressing and beauty | Hair dyes (PPD), bleaches, nickel in tools |
| Cleaning | Detergents, disinfectants, frequent wet work |
| Manufacturing and engineering | Cutting oils, solvents, greases, degreasing agents, adhesives |
| Food service and catering | Wet work, food allergens, cleaning chemicals |
| Pharmaceutical | Chemical agents in drug manufacturing, colophonium derivatives |
| Agriculture | Pesticides, plant sensitisers, animal proteins |
"Wet work" has a specific definition in occupational health. International occupational health standards classify a role as involving wet work when the worker's hands are wet or enclosed in occlusive gloves for more than two hours per shift, or when they wash their hands more than 20 times per shift. Healthcare workers, cleaners, kitchen staff, and hairdressers commonly exceed both thresholds. The HSA identifies wet work as a primary cause of irritant contact dermatitis in Ireland. If your role involves regular wet work, your employer should have assessed the skin irritation risk and provided appropriate controls 2.
Workers with pre-existing atopic dermatitis (childhood eczema) face approximately three times the risk of developing occupational hand dermatitis compared to those without. Source: PMC systematic review (2023) [15]. If an employer knew about a pre-existing condition through a pre-employment health assessment and still exposed that worker to sensitisers without additional precautions, the duty of care may have been heightened.
Agency workers and self-employed contractors
Agency workers are protected under the Safety, Health and Welfare at Work Act 2005. The host employer (the workplace where you carry out the work) owes the same duty of care regardless of your employment contract type. If you developed dermatitis while placed at a site through an agency, you may have a claim against the host employer, the agency, or both. Self-employed contractors working on another party's site may also have a claim if the site controller failed to manage chemical risks 6.
When dermatitis ends a career
Severe allergic contact dermatitis can be a career-ending condition. A healthcare worker permanently sensitised to latex, or a hairdresser allergic to paraphenylenediamine (PPD) in hair dyes, can never safely return to that profession. In these cases, the claim must account for future loss of earnings across the worker's remaining career, not just the current medical costs. Separately, the Irish State provides support for career transitions. The Back to Work Enterprise Allowance [19] lets qualifying workers retain 100% of their social welfare payment in year one and 75% in year two while starting a new self-employment venture. Further Education and Training (FET) courses funded through local Education and Training Boards can support retraining into a non-hazardous occupation.
Defences your employer may raise
Employers and their insurers commonly raise several defences in dermatitis claims. Knowing these in advance helps you protect your position:
Contributory negligence (home chemicals). The employer may argue that household cleaning products, cosmetics, or hobby materials contributed to your condition. Keep a record of all chemical exposure, both at work and at home. If your dermatologist's patch test points to a specific workplace allergen, this defence becomes weaker.
Pre-existing condition. If you had eczema before starting the job, the employer may argue the condition was pre-existing. The counter is that aggravation of a pre-existing condition by workplace exposure is still actionable. The employer's duty is to avoid making your condition worse.
PPE was provided. The employer may say gloves were available. The question isn't whether gloves existed on a shelf. It's whether the right type of glove was provided (nitrile for certain chemicals, neoprene for others), whether training on their limitations was given, and whether the gloves were actually suitable for the specific chemical hazard identified in the risk assessment.
Late reporting. If you delayed telling your employer or GP about your symptoms, this can weaken your position. Start documenting early: photograph your hands weekly, note which chemicals you used, and see your GP promptly.
Which defence applies to you?
If your employer says "we provided gloves" → check whether the gloves were the right type for the specific chemical (nitrile vs neoprene vs vinyl matters), whether training on their limitations was given, and whether they were replaced regularly.
If your employer says "it's a pre-existing condition" → aggravation of a pre-existing condition is still actionable under Irish law. Your solicitor can argue the employer had a heightened duty to protect you.
If your employer says "you use cleaning products at home too" → a dermatologist's patch test linking your reaction to a specific workplace chemical (not a household product) directly counters this argument.
Under Section 8 of the Safety, Health and Welfare at Work Act 2005, the employer's duty of care is non-delegable in Ireland. The defences above may reduce an award through contributory negligence, but they rarely defeat a claim entirely where the employer failed to conduct a chemical risk assessment 6.
Evidence checklist for dermatitis claims
Strong evidence is what separates successful dermatitis claims from ones that stall. This checklist covers the key documents and records you should gather:
| Evidence type | Why it matters |
|---|---|
| GP records and referral letters | Establishes timeline from first symptoms to diagnosis |
| Dermatologist report (with patch test results if allergic) | Links specific allergen to your condition. The single strongest piece of evidence. |
| Safety Data Sheets from workplace chemicals | Shows hazard statements (H315, H317, H314) matching your diagnosed allergen |
| Employer's safety statement and chemical risk assessment | If missing or incomplete, establishes breach of Chemical Agents Regulations |
| Photographs of your skin (dated, weekly if possible) | Visual record of severity and progression over time |
| PPE records (what was provided, when, training given) | Tests whether gloves were suitable for the specific chemical hazard |
| Incident reports or sick leave records | Contemporaneous evidence of when symptoms were reported at work |
| Witness statements from colleagues | Confirms working conditions and chemical exposure |
From handling occupational illness cases in Irish courts: the most common reason an IRB application runs into difficulty is insufficient contemporaneous evidence. Photographs taken weeks after stopping work carry less weight than weekly photos taken while still exposed. Similarly, a Safety Data Sheet obtained before proceedings is stronger than one requested after a solicitor's letter. According to the IRB's 2024 Annual Report, 71% of respondents now consent to the assessment process in Ireland, meaning most dermatitis claims are assessed without the need for court proceedings 16.
Common questions about dermatitis at work claims in Ireland
How do I prove my dermatitis was caused by work?
Get a consultant dermatologist's report that identifies the specific cause. For allergic dermatitis, patch testing can pinpoint the allergen. Match that allergen to a Safety Data Sheet from your workplace chemicals.
- Patch test results linked to workplace SDS.
- Photographs showing progression over time.
- GP records from first symptoms onward.
Why it matters: A GP saying "dermatitis" isn't enough. The IRB needs evidence connecting it to a specific workplace substance.
Next step: HSA dermatitis FAQ (2026) • IRB process (2026)
How much compensation for dermatitis at work in Ireland?
The Personal Injuries Guidelines set bands from €500 for transient conditions to €64,200 for severe cases affecting both hands with indefinite prognosis. Special damages (medical costs, lost earnings) are added separately. Every case is assessed on its own facts.
- Severe (7+ years): €35,000 – €64,200.
- Moderate (2–5 years): €12,000 – €25,000.
- Minor (1–2 years): €6,000 – €12,000.
Why it matters: These are general damages only. Total awards including special damages can be significantly higher for career-ending cases.
Next step: Judicial Council Guidelines (2021) • Compensation guide
What is the time limit for a dermatitis claim in Ireland?
Two years from your date of knowledge. That's the date you learn (or should have learned) that your condition is significant and linked to workplace negligence. It's not necessarily the date your symptoms started.
- Two years, not three (three is the UK/NI rule).
- Clock pauses while the claim is at the IRB.
- Minors have until their 20th birthday.
Why it matters: Many dermatitis sufferers delay getting a proper diagnosis. The date of knowledge rule can extend the window, but don't rely on it without legal advice.
Next step: Citizens Information (2026) • Statute of Limitations Act 1991
Can I claim if I already had eczema before starting work?
Yes. If workplace chemical exposure aggravated a pre-existing skin condition, you can claim for the worsening. Workers with atopic dermatitis face roughly three times the risk of occupational hand dermatitis. The employer's duty is to avoid making your condition worse.
- Aggravation of a pre-existing condition is actionable.
- Pre-employment health assessments create heightened duty.
- Dermatitis may be considered a disability under equality law.
Why it matters: Pre-existing conditions don't block claims. They can actually strengthen the argument that the employer should have taken extra precautions.
Next step: HSA FAQ (2026) • PMC review (2023)
Do I have to go through the Injuries Resolution Board?
Yes. All personal injury claims in Ireland, except medical negligence, must go through the IRB before court proceedings. Occupational disease claims follow the same route as workplace accident claims.
- Application fee: €45 online, €90 by post.
- Employer has 90 days to consent to assessment.
- Assessment target: 9 months from consent.
Why it matters: Skipping the IRB means your court proceedings could be struck out.
Next step: IRB (2026) • Citizens Information (2026)
Can I claim Injury Benefit and IRB compensation at the same time?
Yes. Injury Benefit is a social welfare payment administered by the Department of Social Protection. IRB compensation is a civil claim against your employer. They run in parallel and receiving one doesn't reduce the other, though the Recovery of Benefits scheme may apply.
- Apply for Injury Benefit within 6 weeks of incapacity.
- File IRB claim within 2 years of date of knowledge.
- Declaration advisable even for short absences.
Why it matters: Most workers don't know they're entitled to both. Injury Benefit provides income during the IRB process, which can take months.
Next step: Injury Benefit (2026) • Occupational Injuries Scheme (2026)
Do COSHH rules apply in Ireland?
No. COSHH (Control of Substances Hazardous to Health) is a UK regulation that does not apply in Ireland. The equivalent Irish framework is the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001–2021, supported by the 2024 Code of Practice.
- The HSA explicitly states COSHH does not apply.
- Irish employers must follow the Chemical Agents Regulations.
- The 2024 Code of Practice is the current standard.
Why it matters: Many online guides mix up UK and Irish rules. Citing the wrong legislation in your claim could undermine credibility.
Next step: HSA (2026) • 2024 Code of Practice
Can I claim against a former employer?
Yes. If your dermatitis was caused by exposure during previous employment, you can still make a claim. The claim is against the employer's insurer, not the business directly, so it can proceed even if the company has closed.
- The two-year time limit runs from date of knowledge, not date of employment.
- Employer's liability insurance covers past employees.
- Company closure doesn't end the claim.
Why it matters: Many workers only develop severe symptoms after leaving the job. The date of knowledge rule protects them.
Next step: Citizens Information (2026)
Can my employer dismiss me for making a claim?
Dismissing an employee for making a personal injury claim connected to their work could amount to unfair dismissal or penalisation under the Safety, Health and Welfare at Work Act 2005. Section 27 of the Act prohibits penalisation of employees who raise health and safety complaints.
- Penalisation includes dismissal, demotion, or unfavourable treatment.
- The Workplace Relations Commission handles complaints.
- Separate from your injury claim.
Why it matters: Fear of dismissal stops many workers from claiming. The law protects against retaliation.
Next step: 2005 Act, s.27 • Employer duty of care
References
[1] HSA, Chemical Agents Legislation (accessed April 2026).
[2] HSA, Occupational Dermatitis FAQ (accessed April 2026).
[3] Injuries Resolution Board, Making a Claim (accessed April 2026).
[4] Citizens Information, Injuries Resolution Board (accessed April 2026).
[5] Citizens Information, Injury Benefit (accessed April 2026).
[6] Irish Statute Book, Safety, Health and Welfare at Work Act 2005 (accessed April 2026).
[7] HSA, Chemical Agents Code of Practice 2024 (accessed April 2026).
[8] Judicial Council, Personal Injuries Guidelines (2021) (accessed April 2026).
[9] Irish Statute Book, Civil Liability and Courts Act 2004, s.8 (accessed April 2026).
[10] Irish Statute Book, Statute of Limitations (Amendment) Act 1991 (accessed April 2026).
[11] Irish Legal News, High Court: €17,500 awarded to cleaner for moderate contact dermatitis (November 2024).
[12] Department of Social Protection, Injury Benefit (accessed April 2026).
[13] Citizens Information, Occupational Injuries Scheme (accessed April 2026).
[14] Kiely et al., Irritant contact dermatitis in healthcare workers (Cork University Hospital) (2020).
[15] PMC, Occupational Hand Dermatitis (systematic review) (2023).
[16] Injuries Resolution Board, Annual Report 2024 (accessed April 2026).
[17] Decisis, Cleaner awarded damages for work-related skin condition (accessed April 2026).
[18] Citizens Information, Benefits for people who are sick or have a disability (accessed April 2026).
[19] Citizens Information, Back to Work Enterprise Allowance (accessed April 2026).
More in this section
Occupational Illness Claims Ireland: When Workplace Conditions Cause Long-Term Health Problems
Hearing Loss at Work Claims: Noise-Induced Deafness Compensation in Ireland
Occupational Asthma Claims: Chemical Exposure and Respiratory Disease at Work in Ireland
HAVS Claims Ireland: Hand-Arm Vibration Syndrome Compensation for Workers
Related guides on this site: Accident at work claims • Employer duty of care • Workplace injury compensation • Workplace safety regulations • RSI claims • Construction site accidents
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.
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