How Long After an Accident at Work Can I Claim?

The general rule

Under the Statute of Limitations (Amendment) Act 1991, an action for personal injuries caused by negligence, nuisance, or breach of duty must be brought within two years from:

• the date the cause of action accrued (often the accident date), or
• the date of knowledge, if later.

What does “date of knowledge” mean?

Your “date of knowledge” is the date when you first knew the main facts that matter for bringing a claim. The legislation lists these as knowledge that:

• you had been injured,
• the injury was significant,
• the injury was attributable, at least in part, to the act or omission alleged, and
• the identity of the defendant (and, in some cases, the identity of another relevant person).

The Act also makes clear that your knowledge can include what you could reasonably have found out, including with appropriate medical or expert advice, and that knowledge of whether something is negligence “as a matter of law” is not the test.

This can matter for some work-related injuries that develop over time, such as industrial disease, repetitive strain injuries, or hearing loss, where the connection to work may not be clear immediately.

If you apply to the Injuries Resolution Board what happens to the time limit?

Most personal injury claims are made through the Injuries Resolution Board process first.

Applying to the Injuries Resolution Board stops the time limit running for a period. The law excludes the time between your application date and the date that is six months after an authorisation issues, so that period does not reduce your two-year limitation period.

This can protect your position while the Board process runs, but it does not remove the need to act promptly, because the clock runs before you apply.

Exceptions and special situations

Children and lack of capacity

Irish limitation law treats certain people as being “under a disability”, including where the person is an infant (under 18) or of unsound mind.

Where a person with the right to bring the action was under a disability, the 1991 Act allows the claim to be brought within two years from when the disability ends, or from death if earlier.

Fatal workplace accidents

A fatal injuries action must generally be brought within two years from the later of:

• the date of death, or
• the date of knowledge of the person for whose benefit the action is brought.

There are also separate rules that can apply where the injured person dies before their own personal injuries time limit expires, including time limits linked to the personal representative’s knowledge.

Do not confuse the two-year limit with early notice requirements

Separate from the two-year limitation period, Irish law also includes a requirement to send a letter of claim within a set period, or as soon as practicable thereafter, and a failure to do so can have consequences in the case.

What should I do next

If you are considering a claim, it helps to:

• report the accident in writing to your employer,
• get medical treatment and keep records,
• keep witness details, photographs, and receipts, and
• take legal advice early, especially if you are near a deadline.

Require assistance with bringing a claim

If you have sustained an injury following an accident at work and you would like legal advice on bringing a claim, arrange a no-obligation consultation with a personal injury solicitor here at McCarthy + Co Solicitors LLP. Complete our quick and confidential online form, and we will get back to you.