Working From Home Injury Claims Ireland: Your Employer's Duty Doesn't Stop at the Office Door
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.
Your employer owes you the same duty of care at your kitchen table as at a corporate desk. Under Section 8 of the Safety, Health and Welfare at Work Act 2005 [1], Irish employers must protect employee safety "so far as is reasonably practicable" at every place of work. The Health and Safety Authority (HSA) [2] confirms that this responsibility applies whether you work from the office, a remote hub, or your own home. With roughly 998,000 Irish workers now remote or hybrid according to the CSO's 2025 Labour Force Survey [3], working from home injury claims are an increasingly common area of personal injury law in Ireland.
The short answer: Yes, you can claim for a working from home injury in Ireland. Your employer must complete the HSA Remote Working Assessment, provide ergonomic equipment under the DSE Regulations, and respect your right to disconnect. Failures create valid claims through the IRB [7].
Contents
Does your employer owe you a duty of care at home?
Yes. Under Irish law, your employer's duty of care applies to your home workspace the moment they approve you to work remotely. Section 8 of the Safety, Health and Welfare at Work Act 2005 1 requires Irish employers to ensure employee safety at every "place of work," which the HSA confirms includes a domestic home office. The duty is proactive: ignorance of your home setup is not a defence.
The employer's duty of care at home isn't a grey area. Once your employer agrees (or directs) you to work from home, they accept the same health and safety obligations that apply in the office. They must identify hazards, assess risks, and provide safe systems of work in your home environment.
The 2005 Act requires employers to meet this standard "so far as is reasonably practicable." In practice, that means conducting a proper risk assessment of your home workspace, providing appropriate equipment, and checking in periodically to make sure conditions haven't changed. Ignorance of your home setup isn't a defence. The duty to assess is proactive and non-delegable under Section 19 of the Act 1.
A detail that catches many claimants off guard: the Work Life Balance and Miscellaneous Provisions Act 2023 [9] gave all employees the right to request remote working from March 2024. If your employer approved that request, they simultaneously accepted the health and safety obligations that come with it. They can't approve remote work and then ignore your workspace.
The State Claims Agency [15] has issued specific guidance confirming that state indemnity applies to employees working remotely. This means even the Irish government accepts that remote work injuries carry the same employer liability as office injuries. If the State itself operates on that basis, private employers face the same standard.
There's a separate breach many employers overlook entirely. Under Section 20 of the 2005 Act 1, every employer must maintain a written safety statement identifying hazards and risks in the workplace. When an employer introduces remote working, they must update this safety statement to cover the home environment. Most employers who transitioned to remote work during 2020 never updated their safety statement. That's a distinct, documented breach on top of any DSE or risk assessment failure.
One question that comes up frequently: what if there's no formal remote working agreement in place? The duty of care attaches to the work activity, not to a written agreement. If your employer knew or should have known you were working from home, and they permitted or directed it (even informally), the full weight of Section 8 applies. An employer can't avoid liability by claiming the WFH arrangement was "unofficial."
The HSA Remote Working Checklist: 7 obligations your employer must meet
The HSA published a structured Remote Working Assessment Checklist that creates 7 specific categories of employer obligation under Irish health and safety law. Failure at any stage is evidence of a breach of duty that strengthens a personal injury claim in Ireland. The HSA guidance and checklist 4 requires employers to complete a three-step assessment process for each remote employee, using a suitably trained, competent person.
| Section | What Your Employer Must Do | If They Didn't: Claim Implication |
|---|---|---|
| 1. Work activity | Identify the type of work to be done remotely and what equipment is needed | Failure to identify home-based hazards = breach of Section 19 risk assessment duty |
| 2. Employee information | Record your details and work location | No record of your home as a workplace = no evidence they assessed it |
| 3. Workplace equipment | Provide or assess suitability of desk, chair, monitor, keyboard, mouse | No equipment provision = direct breach of DSE Regulations (Reg. 72) |
| 4. Work environment | Assess lighting, ventilation, temperature, noise in your home workspace | Failure to assess environment = incomplete risk assessment |
| 5. Workstation setup | Ensure ergonomic positioning of screen, keyboard, chair height | No workstation analysis = clear negligence for any RSI or back injury |
| 6. Communication & accident reporting | Establish how you report accidents and hazards from home | No reporting procedure = employer can't argue you failed to report |
| 7. Records management | Keep dated records of the completed assessment | No records = powerful evidence of statutory negligence at IRB |
The HSA makes one point extremely clearly: it is not sufficient for an employer to email you a self-assessment form and consider the job done. The assessment must be completed by a competent person with appropriate training and experience 2. If your employer sent you a tick-box checklist and never followed up, that assessment doesn't meet the legal standard. We call this the 7-Point Home Workplace Audit, because each of the seven checklist sections creates a distinct, testable obligation that either was or wasn't met.
One aspect the official guidance doesn't cover directly: how this 7-Point Home Workplace Audit translates into a personal injury claim. In practice, when we request these records from employers through the duty of care discovery process, a significant proportion cannot produce them. A missing or incomplete checklist covering any of the seven points is one of the strongest pieces of evidence in a working from home injury claim. Use the 7-Point Home Workplace Audit as your framework: check each section, identify where your employer fell short, and that's your liability map.
What are your employer's DSE obligations for your home workstation?
If you use a screen for one or more continuous hours daily while working from home in Ireland, your employer must carry out a formal workstation analysis under Regulation 72 of the General Application Regulations 2007. These Display Screen Equipment (DSE) Regulations apply equally to remote workers and office-based staff. The HSA confirms this on its DSE FAQ page [10].
Schedule 4 of the DSE Regulations sets minimum requirements for your workstation. These include an adjustable chair with adequate lumbar support, a tiltable keyboard separate from the screen, a monitor that swivels and tilts, and sufficient glare-free desk space. A laptop sitting on a kitchen table doesn't meet these requirements.
The difference between assessment and acceptance often comes down to this: the HSA states that "it is not sufficient to allow employees to use a software package or other means to assess their own workstations" 10. The employer must ensure a competent person carries out the analysis. If your employer allowed you to work on a laptop-only setup at a kitchen table for months without providing an external keyboard, monitor riser, or proper chair, that's a direct breach of the DSE Regulations.
There is one exception to note. Regulation 71(d) states that portable DSE "not in prolonged use at a workstation" is exempt. If you use a laptop briefly while moving between locations, the Regulations may not apply. If that same laptop is your permanent workstation at home, set up with an external keyboard and monitor, the full DSE requirements apply 10.
The Guidelines state that older or small-screen laptops with attached keyboards are unsuitable for regular desktop use, whether at home or in an office. The HSE's own DSE guidance reinforces this point. If your employer mandated or allowed you to work exclusively on a laptop at a kitchen table for months without providing an external monitor, keyboard, or mouse, that's not a grey area. It's a direct breach of the DSE Regulations that strengthens any resulting RSI or back injury claim.
Eye tests: Under the DSE Regulations, your employer must make eye and eyesight tests available to you at their expense if you're a habitual screen user. This applies to remote workers too.
Home Workstation Compliance Check
Answer these 8 questions to see how your home setup measures against DSE Regulation requirements. This is an educational tool, not legal advice.
What types of injuries can you claim for when working from home?
Working from home injuries fall into three main categories: musculoskeletal injuries from poor ergonomics, acute injuries from domestic accidents during work tasks, and psychological injuries from overwork or isolation. Each has different evidence requirements and compensation prospects.
The scale of unreported WFH injuries in Ireland: CSO data shows roughly 998,000 Irish workers are remote or hybrid 3. A 2024 study of UK and Ireland device users found 94.3% of those working from home reported musculoskeletal symptoms. That means approximately 941,000 remote workers in Ireland may be experiencing some degree of work-related discomfort, yet HSA-reported remote working injuries remain extremely low. This suggests massive underreporting of home workspace injuries across Ireland.
Repetitive strain injury (RSI) and back pain
Musculoskeletal injuries are the most common type of working from home injury claim in Ireland. A 2024 study of UK and Ireland device users found that 94.3% of those working from home for extended screen hours reported musculoskeletal symptoms. The back is the most commonly injured body part in all workplace incidents, accounting for 22% of reported injuries according to the HSA.
RSI from prolonged keyboard and mouse use, back pain from unsupported chairs, and neck strain from poorly positioned monitors are all compensable when caused by an employer's failure to provide proper equipment or conduct a DSE assessment. For detailed information on these specific injuries, see our guides to RSI claims and back injury at work compensation.
Slips, trips, and falls at home during work
Home injury claims for slips, trips, and falls are heavily fact-specific. If you slip on your stairs while carrying company files, trip over a power cable connected to employer-provided equipment, or fall in your home office because of clutter created by work materials, that can be a valid workplace accident. The test is whether the injury was sustained "in the course of employment" and whether the employer failed to identify the hazard during a remote risk assessment.
Despite what many believe, kitchen slips while on a work video call are frequently accepted by the IRB 7 when proper evidence of work activity at the time is presented. A Zoom or Teams call log showing you were actively on a work call when the incident occurred is direct proof. See our full guide on slip and fall at work claims for the broader legal framework.
What about injuries during a tea break or lunch?
This is the question remote workers ask most often. If you slip in your kitchen while making tea during a scheduled break, is that a work injury? Under the Organisation of Working Time Act 1997, rest breaks during the working day are part of your employment. You haven't left the "workplace" because your home IS the workplace. If the employer's risk assessment should have identified domestic hazards in common areas (kitchen, stairs, hallway) used during the working day, and they failed to do so, the injury can fall within the scope of employment.
Domestic hazard sources like children's toys on the floor, pet bowls near walkways, or trailing cables from employer-provided equipment are exactly the kind of risks the HSA Remote Working Checklist Section 4 (work environment) is designed to capture. If your employer never assessed these hazards, they can't argue the risk was unforeseeable. The question isn't whether a toy on the floor is the employer's fault. The question is whether the employer identified domestic trip hazards as part of their remote work risk assessment. If they didn't conduct the assessment at all, that failure is the breach.
Psychological injuries from remote work
The "always-on" culture of remote work creates genuine psychological harm. General work stress isn't compensable on its own under Irish tort law. If that stress develops into a diagnosed psychiatric condition (clinical depression, severe anxiety disorder, or PTSD), and your employer's failures caused or worsened it, that becomes an actionable personal injury.
The HSA requires employers to manage psychosocial hazards including isolation, overwork, and poor communication for remote workers 2. This extends to digital harassment. Employers remain vicariously liable for bullying, discriminatory comments, or exclusionary behaviour that occurs on platforms like Slack, Microsoft Teams, or during virtual meetings, even if management was unaware of the specific conduct. If cyberbullying on work platforms causes a recognised psychiatric injury, the remote worker has a valid personal injury claim against the employer. See the section on work-related stress and the Right to Disconnect below.
How do you prove a home injury is work-related?
The central challenge in any working from home injury claim is proving the injury happened "in the course of employment" rather than during a private domestic activity. There's no CCTV footage, no witnesses, and no employer representative present. You bear the entire burden of proof through documentation you create yourself.
At its core, the legal test is straightforward: was the injury connected to a work task, and did the employer fail to protect you from the risk? Building the evidence is harder, because you need to establish both elements without the physical evidence trail that exists in a traditional workplace.
The timing matters more than most guides suggest: evidence gathered in the first 48 hours after an injury or the first week after noticing gradual symptoms is significantly more compelling than evidence assembled weeks later. Photographs of your workspace taken on the day of injury, with timestamps visible, create an almost unassailable record.
Date of knowledge: worked example. Sarah started working from home in 2021. By early 2024, she had persistent wrist pain but assumed it was age-related. In June 2024, her GP diagnosed carpal tunnel syndrome and noted it was "likely caused by prolonged keyboard use without ergonomic support." Her two-year limitation period started in June 2024 (the date she knew it was work-related), not in early 2024 (when symptoms started) or 2021 (when she began working from home). She had until June 2026 to bring her claim. This distinction between "date of symptoms" and "date of knowledge" is critical for gradual-onset WFH injuries in Ireland.
Could you have a working from home injury claim?
Answer 6 questions to get an initial indication. This is general educational guidance, not legal advice. Every case depends on its specific facts.
1. Were you working from home with your employer's knowledge or approval?
This tool provides general educational guidance only. It does not constitute legal advice and cannot assess the merits of your individual case.
What evidence do you need for a working from home injury claim?
Build your evidence file around three elements: you have a genuine injury (medical evidence), it was caused by your work (causation evidence), and your employer breached their duty of care under Irish law (liability evidence). Each element needs specific documentation.
| Evidence Type | What to Collect | Why It Matters |
|---|---|---|
| Photographs of workstation | Multiple angles showing desk height, chair type, screen position, keyboard placement, lighting. Email to yourself for timestamp. | Creates an immutable visual record of the conditions your employer permitted or ignored |
| Communication logs | Emails, Slack or Teams messages requesting equipment, raising concerns about your setup, or reporting symptoms | If your employer denied, delayed, or ignored requests for proper equipment, these are direct evidence of breach |
| GP records | Visit your GP immediately. Tell them explicitly that you believe your symptoms are connected to your home working conditions | Medical records stating "work-related" from the earliest date are foundation evidence for causation |
| HSA assessment records | Request your employer's completed HSA Remote Working Assessment Checklist and any DSE risk assessment for your workstation | If the employer can't produce these documents, that absence is powerful proof of negligence |
| Work activity proof | Zoom/Teams call logs, login timestamps, sent emails, task management records from the time of injury | Proves you were actively working when the injury occurred, not engaged in a private activity |
| Symptom diary | Daily record of when pain occurs, what work tasks trigger it, and how it affects daily life | Connects the pattern of symptoms directly to work activities rather than lifestyle factors |
One common client mistake: waiting weeks before taking photographs of their home workspace. By then, the employer may have sent new equipment or the setup may have changed. Photograph everything immediately.
Act quickly on digital evidence. Corporate retention windows for platforms like Teams, Slack, and email can be short. Employers may archive or delete communication records. Screenshot and save any relevant messages as soon as possible after the injury.
Template: requesting your employer's DSE assessment records
Subject: Request for Remote Working Risk Assessment Records
Dear [Manager/HR],
Under the Safety, Health and Welfare at Work Act 2005 and the General Application Regulations 2007 (Chapter 5, Part 2), I am requesting a copy of (1) the completed HSA Remote Working Assessment Checklist for my home workstation, (2) any DSE risk assessment conducted for my remote workspace, and (3) the name and qualifications of the competent person who carried out these assessments.
I would appreciate receiving these records within 14 days. Regards, [Your name]
This email creates a dated paper trail. If your employer cannot produce these records, that absence becomes evidence of statutory non-compliance. Save a copy in your personal email for your own records.
How do you report a working from home injury?
Report the injury to your employer in writing as soon as possible. Unlike a traditional workplace in Ireland, there's no accident book at your home. An email to your manager and HR department creates the written record you need.
The first 24 hours: what to do and when
Hour 1: Photograph your entire workstation from multiple angles. Include desk height, chair, screen position, keyboard placement, and lighting. Email the photos to your personal email to create a timestamp.
Hours 1 to 4: See your GP or attend A&E if the injury is acute. Tell the doctor explicitly that you believe the injury is connected to your home working conditions. This goes into your medical record as contemporaneous evidence of occupational causation.
Day 1: Email your manager and HR department. Include the date and time of injury (or when you first noticed symptoms), what you were doing, where in your home it occurred, and whether you've seen a doctor. Keep a copy in your personal email.
Days 1 to 3: Screenshot and save all relevant digital communications: Teams/Slack messages requesting equipment, emails about your home setup, any previous complaints about your workspace. Corporate retention windows can be short.
Week 1 to 2: Send the template email (above) requesting your employer's completed HSA Remote Working Assessment and DSE records. Their response, or inability to respond, becomes core evidence.
Month 1 to 2: Contact a solicitor experienced in workplace injury claims. They can advise on the strength of your evidence and prepare the IRB application.
What if you didn't report the injury at the time?
Late reporting weakens a claim but doesn't necessarily kill it. Many remote workers develop gradual injuries over months and only connect the pain to their work setup much later. If you're in this position, start now: see your GP and explain the connection to your home workspace, photograph your current setup, and send a written report to your employer. The "date of knowledge" rule means your two-year limitation period starts from when you first knew the injury was work-related, not from when symptoms began. A solicitor can assess whether your evidence position is recoverable.
Your notification should include the date and time of injury (or when you first noticed symptoms), a description of what happened and what you were doing, the location in your home where it occurred, and a note about whether you've seen a doctor. Keep a copy of this email in your personal records.
If your injury means you can't perform your normal work for more than three consecutive days (not counting the day of the accident), your employer must report the incident to the HSA. If they don't, that failure compounds their liability and may result in HSA prosecution. For the full workplace safety regulations on reporting, see our dedicated guide.
How does the IRB process work for remote workers?
All working from home injury claims in Ireland must first go through the Injuries Resolution Board (IRB), formerly the Personal Injuries Assessment Board (PIAB), before court proceedings can begin. This is the same process that applies to all accident at work claims. Your solicitor will prepare and file the application, naming your employer as the respondent.
According to the IRB's 2024 Annual Report [11], the Board processed 20,837 claim applications, with 3,497 categorised as employer liability. Employers and their insurers consented to the assessment process in 56% of workplace injury cases, meaning most legitimate, well-documented claims settle without going to court. On average, claims take approximately 11.2 months from application to assessment 7.
The IRB also offers a mediation service for employer liability claims, introduced in late 2023 and fully operational throughout 2024 11. This telephone-based mediation is particularly relevant for remote workers who are still employed by the respondent company. It allows both parties to reach a settlement without face-to-face confrontation, preserving the working relationship while ensuring fair compensation.
If either party rejects the IRB assessment, you receive authorisation to proceed to court. Most moderate working from home claims (RSI, slips, back pain) go to the Circuit Court, which has jurisdiction for claims up to €60,000. Severe or permanent injuries go to the High Court. Unlike in England and Wales, where injured workers can go directly to court, Ireland requires most personal injury claims to pass through the IRB first. This mandatory assessment step often works in the claimant's favour: 56% of employer liability assessments are accepted without the cost and stress of litigation.
How much compensation can you get for a working from home injury?
Compensation for working from home injuries is governed by the Personal Injuries Guidelines 2021, formerly known as the Book of Quantum until 2021. Awards depend on injury severity, prognosis, financial losses, and medical evidence. The Judicial Council's Guidelines [12] provide the framework that judges and the IRB must follow.
| Injury Type | Severity | General Damages Range |
|---|---|---|
| Repetitive Strain Injury (RSI) | Minor: full recovery within 1 to 2 years | €570 to €16,900 |
| RSI / Carpal Tunnel | Moderate: ongoing symptoms, some permanent limitation | €16,900 to €45,200 |
| Carpal Tunnel / Severe RSI | Severe: persistent pain, permanent loss of function, bilateral surgery | €45,200 to €102,000 |
| Back injury (soft tissue) | Minor to moderate: recovery within 6 to 24 months | €5,000 to €55,000 |
| Psychiatric injury (work stress) | Moderate: significant improvement over time with treatment | €15,000 to €40,000 |
These ranges reflect general damages only. Your total compensation also includes special damages: lost earnings, medical expenses, physiotherapy costs, travel to medical appointments, and home office adaptations. All amounts depend on individual facts and medical evidence. See the Judicial Council's Personal Injuries Guidelines 2021 [12] for full severity brackets. Unlike in England and Wales, where the limitation period for personal injury is three years, in Ireland you have two years from the date of injury or date of knowledge to bring your claim under the Statute of Limitations 1957 (as amended). For a broader overview, see our workplace injury compensation guide.
Income support while your claim is processed
A personal injury claim through the IRB takes approximately 11.2 months on average. During that time, you may have three separate income sources. First, statutory sick pay: the Sick Leave Act 2022 entitles employees to 5 days of employer-paid sick leave per year, at 70% of normal pay (capped at €110/day). The original plan was to increase this to 10 days by 2026, but the government paused the expansion in April 2025 and the entitlement remains at 5 days. Second, Occupational Injuries Benefit: if you're unfit for work due to an accident "at work," the PRSI-based Injury Benefit scheme applies. Since your home IS your workplace, a WFH accident qualifies. You don't need a minimum number of PRSI contributions to claim. Third, your employment contract may provide additional contractual sick pay beyond the statutory minimum. These three streams are separate from your personal injury compensation and don't reduce your entitlement to claim.
Work-related stress and the Right to Disconnect
Remote workers who develop a clinically diagnosed psychiatric condition from workplace overwork or isolation can bring a personal injury claim against their employer in Ireland. The WRC's Code of Practice on the Right to Disconnect 6, effective since April 2021, establishes three core principles: the right not to routinely work outside normal hours, the right not to be penalised for refusing to do so, and the duty to respect another person's right to disconnect.
While breaching this Code isn't a criminal offence on its own, the WRC and civil courts can admit the breach as evidence in personal injury claims for work-related stress 6. If you can show through email timestamps and message logs that your employer routinely contacted you outside working hours and that this contributed to a diagnosed psychiatric condition, the legal foundation for compensation is strong.
The Labour Court's decision in Kepak v O'Hara is directly relevant. In that case, an employee was awarded €7,500 for having to deal with work emails outside normal hours where the employer had no remote working policy in place. For remote workers experiencing sustained overwork, the stakes are higher and the compensation potential is greater.
The Citizens Information guide on working from home [13] confirms that the Code applies to all employees, including remote workers. Employers must also comply with the Organisation of Working Time Act 1997, which sets a maximum 48-hour working week and minimum rest periods.
Hybrid workers: which rules apply where?
If you split your time between the office and home, your employer owes you the same duty of care in both locations under Irish law. A DSE assessment is required for each workstation you regularly use 10. The HSA's DSE FAQ states that when an employee moves to a new workstation, the employer must carry out a new assessment.
From handling these cases, hybrid workers often have stronger claims than full-time remote workers. Your employer can't argue they were unaware of the difference between your setups. They had a properly assessed office workstation to compare against whatever you were using at home.
One detail that surprises clients: if your employer requires you to repeatedly transport heavy desktop computers, monitors, or stacks of files between the office and home without providing suitable carrying cases, trolleys, or manual handling training, any resulting back or shoulder injury falls squarely under the employer's liability. The act of transporting work equipment between locations is itself a work activity that must be risk-assessed.
Does home insurance or employer liability cover your WFH injury?
Your home insurance does not cover workplace injuries. Your employer's liability insurance does. According to guidance from the Department of Enterprise [14], equipment provided by an employer to a remote worker remains the employer's responsibility and is typically covered under the business's material damage policy. Your personal home insurance covers your own domestic belongings, not workplace injury compensation.
Employers in Ireland are legally required to have employers' liability insurance. If your employer doesn't have this cover, you can still pursue a claim directly against them. Failure to maintain employers' liability insurance is itself a criminal offence under Irish law.
Will I lose my job for making a claim?
No. You cannot be dismissed for making a personal injury claim against your employer in Ireland. The Unfair Dismissals Acts protect employees from dismissal for exercising their legal rights. If your employer penalises you for reporting a workplace injury or making a claim, you have grounds for a separate unfair dismissal claim.
The Protected Disclosures Act 2014 provides additional protection if you raise health and safety concerns. An employer who retaliates against you for reporting unsafe conditions in your home workspace faces significant legal exposure. For more on employer obligations, see our employer's duty of care guide.
How does a WFH injury claim differ from a traditional workplace claim?
The legal framework is identical, but the evidence, defences, and practical challenges are different. This comparison shows where working from home claims diverge from claims for injuries at an employer's premises.
| Factor | Traditional Workplace Claim | Working From Home Claim |
|---|---|---|
| Legal basis | Section 8, 2005 Act | Same. Section 8 applies to all "places of work" |
| Risk assessment | Employer inspects premises directly | Employer must use HSA Remote Working Checklist via competent person |
| Evidence of injury | CCTV footage, accident book, witnesses | No CCTV, no witnesses. Relies on self-documented photos, call logs, GP records |
| Proving "in course of employment" | Usually straightforward (you were at work) | Must prove work activity at time of injury (Teams logs, sent emails, task records) |
| Employer's main defence | "Employee failed to follow training" | "We didn't know the home setup was unsafe" (fails if no assessment conducted) |
| Equipment liability | Employer controls all equipment | Employer must assess suitability of employee-owned equipment too |
| Psychological injury | Bullying, harassment by co-workers | Isolation, "always-on" culture, digital harassment, Right to Disconnect breaches |
| IRB process | Standard | Same process. Mediation option especially relevant for preserving employment |
Between assessment and settlement, the sticking point in WFH claims is usually evidence of the employer's knowledge. In a traditional workplace, the employer is physically present and can see hazards. At home, the employer must actively seek out the hazards through the assessment process. If they didn't seek, they can't claim ignorance.
Common employer defences and how to counter them
Employers and their insurers typically raise four defences against working from home injury claims. Each has a clear counter-argument grounded in Irish statute and HSA guidance.
| Defence | Counter-Argument | Legal Basis |
|---|---|---|
| "We didn't know your home setup was unsafe" | The duty to assess is proactive. The HSA states it is "the employer's responsibility to proactively ensure that the assessment is completed" 2. | Section 19, 2005 Act + HSA Remote Working Guidance |
| "You chose to work from a kitchen table" | The employer approved remote working without conducting the required risk assessment. Choice of location doesn't remove the employer's assessment duties. | HSA Checklist Section 4 + Regulation 72 |
| "You were using your own equipment" | The HSA Checklist asks: "If employees can provide their own equipment, have we assessed their suitability?" The employer must still assess, regardless of who owns the equipment. | HSA Remote Working Checklist |
| "You contributed to your own injury (contributory negligence)" | Section 13 of the 2005 Act requires employees to take reasonable care. But the employer cannot simply provide a desk allowance and abdicate further responsibility. They must monitor, review, and communicate with employees about changing circumstances 2. | Section 13 duty balanced against employer's Section 8 duty |
Common questions about working from home injury claims
Can I claim for an injury that happened at home during work hours?
Yes, if the injury was connected to a work task and your employer failed to protect you from the risk. Under Section 8 of the Safety, Health and Welfare at Work Act 2005 1, your employer's duty of care extends to your home workspace.
The key test is whether the injury occurred "in the course of employment." If you tripped over a power cable while carrying employer-provided equipment, that's likely work-related. If you slipped in the shower before logging on, it's not. The boundary sits at whether the activity was connected to work and whether the risk arose from how work was organised in your home.
What we see in practice: The strongest claims involve clear evidence of work activity at the time of injury, such as Teams call logs, sent emails, or task records that timestamp the moment of the incident.
Next step: Photograph your workspace immediately and see your GP. Tell them you believe the injury is work-related.
Does my employer have to do a risk assessment of my home?
Yes. The HSA requires employers to complete a Remote Working Assessment using a competent person for each remote employee 2. This doesn't necessarily require a home visit, but it must be more than a self-assessment tick-box form.
I developed back pain from my home desk. Can I claim?
Potentially, yes. Gradual onset injuries like back pain from poor home workstation ergonomics are valid under Irish personal injury law.
The two-year limitation period starts from the "date of knowledge," which is when you first knew or should have known the injury was work-related, not when symptoms first appeared 8. If you had occasional back pain but a GP only linked it to your home desk setup six months later, the clock starts from that GP appointment.
What we see in practice: The most successful gradual onset claims involve clients who told their GP specifically that they believed the pain was caused by their home working setup. Vague medical notes like "back pain" are far less useful than notes reading "lumbar pain attributed to prolonged use of non-ergonomic home workstation."
Next step: See your GP and explicitly connect your symptoms to your home working conditions so it goes into your medical record.
I slipped in my kitchen while on a work call. Is that a work injury?
It can be. If you were carrying out a work-related task (actively on a work call, getting water for a work meeting) and the risk was connected to how your work was organised, this can be classified as a workplace accident. Zoom or Teams call logs showing the exact time of the incident are direct proof of work activity.
What if I'm injured during a tea break while working from home?
Breaks during the working day are part of your employment under the Organisation of Working Time Act 1997. Your home is your workplace. If your employer's risk assessment should have identified domestic hazards in common areas (kitchen, hallway, stairs) used during the working day, and they failed to do so, the injury can fall within scope.
What we see in practice: The critical factor is whether the break was a normal part of the working day, not whether you were actively at your desk. A tea break is a rest period your employer is required to provide. Injuries during that break remain within the "course of employment."
Next step: Document the exact time and what you were doing. If you have a Teams/Slack status showing "Available" or a calendar entry showing a meeting before and after, these support the timeline.
What if my employer says they offered me equipment but I didn't ask for it?
This defence fails if they never conducted a proper needs assessment under Regulation 72 5. The obligation isn't to make equipment "available on request."
The obligation is to proactively assess each employee's workstation and provide what's needed based on that assessment. An employer who sends a company-wide email saying "let us know if you need a chair" hasn't met the DSE Regulations. They must individually assess what each remote worker requires through a competent person.
What we see in practice: Insurers frequently run this defence, but it collapses when we request the employer's completed HSA Remote Working Assessment Checklist. If they can't produce one, the "we offered equipment" argument is irrelevant because they never identified what equipment was needed in the first place.
Next step: Request a copy of your employer's completed remote working risk assessment in writing. Their response (or inability to provide one) becomes evidence.
Can I claim for stress and burnout from working from home?
Yes, if the stress has developed into a medically diagnosed psychiatric condition (clinical depression, severe anxiety, PTSD) and was caused by your employer's failures. A documented breach of the WRC's Right to Disconnect Code of Practice 6 can be used as evidence of employer negligence.
How long do I have to make a working from home injury claim?
Two years from the date of injury or from the date of knowledge for gradual onset conditions 8. For injuries like RSI that develop slowly, the clock starts when a doctor tells you the condition is likely work-related, not from when you first noticed discomfort.
Am I covered if I'm a contractor, not an employee?
If the company controls how, when, and where you work, Irish courts may treat you as an employee for health and safety purposes regardless of what your contract says. The Supreme Court has applied control tests to determine employment status in duty of care cases. Speak to a solicitor about your specific arrangements.
Can I claim if I've already left the job?
Yes. Leaving the job doesn't affect your right to bring a claim. What matters is whether the injury occurred during your employment and whether the two-year limitation period has been met.
What to consider next
If you've read this far, you're likely weighing whether your situation supports a claim. These are the follow-up questions remote workers most commonly ask after understanding the basics.
What if my employer fixes my home setup after I report the injury?
Fixing the problem after the injury doesn't remove liability for the period before the fix. The relevant question is whether your employer breached their duty of care at the time you were injured. Retrospective improvements may reduce future risk, but they don't undo the harm already caused. If anything, a sudden equipment upgrade after your complaint is evidence that the employer recognised the setup was inadequate.
Can I claim if I'm on a hybrid arrangement and was injured on a home day?
Yes. Your employer's duty of care applies on every day you work, regardless of location. The HSA requires a DSE assessment for each workstation you regularly use 10. A hybrid arrangement that only assesses the office workstation and ignores your home setup is an incomplete assessment. See our section on hybrid workers above.
What happens if the IRB assessment is lower than I expected?
You aren't obliged to accept the IRB's assessment. If you reject it, the IRB will issue an authorisation allowing you to bring court proceedings. Your solicitor can advise whether the assessment fairly reflects your injury severity, financial losses, and the strength of liability evidence. In Ireland, the Circuit Court hears claims up to €60,000 and the High Court handles claims above that threshold.
References
- Safety, Health and Welfare at Work Act 2005, Section 8 - Irish Statute Book (in force)
- Remote Working: guidance and checklist - Health and Safety Authority (updated April 2023)
- Labour Force Survey Q3 2025 - Central Statistics Office (November 2025)
- Remote Working Assessment Checklist - Health and Safety Authority (updated April 2023)
- General Application Regulations 2007, Chapter 5 Part 2 (DSE) - Irish Statute Book (in force)
- Code of Practice on the Right to Disconnect - Workplace Relations Commission (April 2021)
- Injuries Resolution Board - injuries.ie (current)
- Taking and appealing a civil case (time limits) - Citizens Information (updated 2024)
- Work Life Balance and Miscellaneous Provisions Act 2023 - Irish Statute Book (in force)
- Display Screen Equipment FAQ - Health and Safety Authority (current)
- Annual Report 2024 Press Release - Injuries Resolution Board (July 2025)
- Personal Injuries Guidelines 2021 - Judicial Council of Ireland (in force)
- Working from home - Citizens Information (updated 2024)
- Guidance for working remotely - Department of Enterprise (updated 2024)
- State Indemnity Guidance: Remote Working - State Claims Agency (current)
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.
Need advice on a working from home injury? Contact Gary Matthews Solicitors at 01 903 6408 for a confidential consultation about 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