Working at height remains one of the most significant risks for workers across Ireland. A fall from a ladder or a platform takes only a split second, but the impact on your health, your income, and your family can last a lifetime. Whether you work in construction, maintenance, or industrial cleaning, you have a right to expect that your safety has been planned for and protected. When that safety fails, the disruption to your life is profound. At Michael Boylan Litigation, we understand the physical and financial uncertainty that follows a serious site accident. We are here to establish exactly what went wrong and to secure the support you need to recover.
Common accident scenarios on Irish sites
Accidents involving heights rarely happen without warning signs. Often, they are the result of time pressure, lack of proper equipment, or a momentary lapse in supervision. In our experience, falls generally occur when safety shortcuts are taken to get a job done quickly.
Ladder accidents
Ladders should technically only be used for short-duration, low-risk work. However, they are frequently misused for heavy tasks. Common causes of injury include:
Ladder "kick-outs," where the base of the ladder slides away because it was not tied off or footed.
Unstable footing on uneven or muddy ground, causing the ladder to topple sideways.
Overreaching to get to a work area, shifting the centre of gravity and causing a fall.
Carrying heavy materials up or down, leaving only one hand (or no hands) to grip the rungs.
Scaffolding falls
Scaffolding is meant to be a safe platform, but if it is not erected or maintained by a competent person, it becomes a major hazard.
Missing guardrails or toe boards, creating an open edge.
Incomplete platforms where boards have been removed to pass materials up and not replaced.
Setup errors where the scaffold is not tied into the building structure correctly.
For more specific information on these complex cases, please visit our page on Scaffolding Accident Claims.
Roof work and fragile surfaces
Roofing work is statistically one of the most dangerous sectors in the Irish construction industry. Falls often involve:
Falling through fragile materials such as old skylights or asbestos cement sheets that cannot bear a person's weight.
Unprotected edges where no temporary guardrails or safety nets were installed.
Slippery roof surfaces caused by moss, rain, or ice.
You can find further details on our dedicated Roof-Work Accidents page.
Machinery and platform falls
Mobile Elevating Work Platforms (MEWPs), such as cherry pickers and scissor lifts, are generally safer than ladders, but mechanical failure or operator error can still lead to severe accidents, such as:
Ejection from the basket due to the machine jolting or being struck by other plant machinery.
Mechanical failure of the hydraulic arm or stabilisers.
Failure to wear a harness within the basket (restraint lanyard), which is a key requirement on most sites.
Safety standards: What should happen on a site
The Health and Safety Authority (HSA) provides very clear guidance on working at height. It is not enough for an employer to simply tell you to "be careful." There is a strict legal duty to plan the work and use the right equipment.
The hierarchy of control
Safety law follows a logical order known as the hierarchy of control. An employer must consider these steps in order:
Avoid work at height where possible (e.g., assemble components on the ground).
Prevent falls by using existing safe places or equipment like scaffolds with guardrails.
Minimise the distance and consequences of a fall by using safety nets, airbags, or fall-arrest harnesses (this is the last resort).
Planning and supervision
Work at height must be properly planned, supervised, and carried out safely. It should never be done on the fly. This means weather conditions must be checked, and there must be a rescue plan in place,especially for harness work,in case a worker is left suspended.
Training and equipment checks
Every worker involved in construction activity in Ireland requires a Safe Pass. Furthermore, specific tasks (like erecting scaffolding or operating a MEWP) require a CSCS card. Crucially, equipment must be checked:
Ladders must be inspected regularly for defects.
Scaffolding must be inspected every 7 days and after bad weather.
Harnesses must be checked before every use.
Who is responsible?
On a modern construction site, responsibility is often shared. It is not always just your direct employer who is liable for your injury. Identifying the correct party is a vital part of the legal process.
The employer vs The main contractor
Your direct employer has a duty to provide you with training and safe equipment. However, the Main Contractor (the company in charge of the whole site) has a duty to coordinate safety for everyone. If you trip on a hazard left by another company, the Main Contractor may be responsible for failing to manage the site traffic and housekeeping.
The safety roles (PSCS and PSDP)
You may hear these terms often. The Project Supervisor Construction Stage (PSCS) is the person or company legally responsible for coordinating health and safety during the build. They must ensure that the safety plan is actually working in practice. If the accident happened because of a failure in the overall site safety plan, the PSCS may hold liability.
Subcontractors and agency workers
If you are an agency worker or a self-employed subcontractor, you still have rights. You are owed a duty of care by the company that controls the site and directs your work. You do not lose your right to a safe environment just because you are not a direct employee.
Injuries often linked to height falls
Gravity makes no exceptions. Even a fall from a relatively low height, such as a step ladder, can cause life-altering damage.
Orthopaedic and bone injuries:
Calcaneal (heel) fractures and ankle shattering are common when landing on feet.
Hip and pelvic fractures can occur from side impacts.
Crush injuries may happen if equipment or materials fall with the worker.
Head and brain injuries: If a worker falls backward or strikes their head on the way down, the result can be a Traumatic Brain Injury (TBI). Even if you were wearing a hard hat, the impact can cause a severe concussion or brain bleed, leading to long-term cognitive issues.
Spinal injuries: Falls are a leading cause of spinal cord injury. Damage to the vertebrae or discs can result in chronic pain, loss of mobility, or in the most tragic cases, partial or total paralysis.
Psychological impact: The trauma of a fall does not end with physical healing. Many of our clients experience Post-Traumatic Stress Disorder (PTSD), anxiety, and a genuine fear of returning to work at height. This psychological impact is a valid part of your claim and your recovery.
Immediate steps to take after a fall
Taking the right steps immediately after an accident can significantly help your recovery and any future legal claim.
Medical attention and reporting
Your health is the priority. Seek medical attention immediately, even if you think you are "fine." Adrenaline can mask serious injuries.
Ensure the accident is reported to the site foreman and recorded in the Accident Book. If you cannot do this yourself due to injury, ask a colleague to ensure it is done.
Preserving the evidence
Construction sites change rapidly. If possible, you or a trusted colleague should:
Take photographs of the scene immediately. Photograph the ladder, the ground conditions (e.g., mud, ice), and the lack of safety barriers.
Get contact details of any witnesses who saw the fall.
Do not let the equipment be moved or fixed until it has been photographed.
Evidence and documentation that is useful in these claims
To prove liability, we need to show that the safety system failed. We typically look for the following specific documents:
Risk Assessments and Method Statements (RAMS): Did a plan exist for this specific task?
Scaffold Inspection Tags (GA3 Forms): Was the platform checked within the last 7 days?
Training Records: Were you and your supervisors properly trained (Safe Pass/CSCS)?
CCTV Footage: Many sites now have security cameras that may have captured the incident.
Weather Records: To prove if high winds or ice contributed to the accident.
The claims process in Ireland
In Ireland, almost all personal injury claims must first be submitted to the Injuries Resolution Board (formerly PIAB). The IRB assesses the medical evidence and financial loss to suggest a compensation amount. We assist you in preparing this application to ensure all aspects of your injury,future care, loss of earnings, and medical costs,are included.
If the other party denies they were at fault, or if the IRB assessment is too low to cover your long-term needs, we may advise issuing legal proceedings. This moves the case to the court system. However, many of these cases are settled by negotiation before they ever reach a trial judge.
Time limits
The general rule in Ireland is that you have two years from the date of the accident to commence legal proceedings. This is known as the Statute of Limitations.
There is a concept known as the "date of knowledge" (when you first realised the injury was significant), but in site accidents, the date of the fall is usually the start date. Furthermore, under the Safety, Health and Welfare at Work Act, you should put the employer on notice of a claim within one month of the accident. While missing the one-month notice doesn't always stop a claim, acting early is vital to ensure evidence isn't lost.
FAQs
Can I claim if I fell off a ladder I brought myself?
Possibly. Even if you own the ladder, the site controller still has a duty to ensure the system of work is safe. If the ground was unsafe or you were ordered to use a ladder for a task that required a scaffold, you may still have a claim.
What if I was an agency worker?
Yes. Agency workers have the same rights to safety as direct employees. The main contractor or the company directing your work is usually responsible for your safety.
Do I need to still be working for the company to claim?
No. You do not need to be currently employed by them to bring a claim. In fact, many people cannot return to work due to their injuries.
What if the weather was bad?
If you were instructed to work at height during high winds, heavy rain, or icy conditions, and this caused your fall, the employer may be liable for failing to account for the weather risks.
What if I wasn't wearing my harness?
If you were not provided with a harness, or not trained on how to use it, the employer is likely at fault. If you simply chose not to wear it, it may reduce your claim (Contributory Negligence), but it does not necessarily stop you from claiming if other safety failures existed.
How long does a claim take?
It varies. Straightforward cases through the IRB can take 9 to 15 months. Complex cases involving serious injury or disputed liability can take longer, sometimes several years, to ensure the full impact of the injury is understood.
Will I be blacklisted from sites for claiming?
It is illegal to penalise a worker for exercising their legal rights. While this is a common fear, your health and financial security must come first.
Can I claim for future loss of earnings?
Yes. If your injury prevents you from returning to construction work or limits the hours you can work, this future financial loss forms a major part of your claim.
What if the company has gone out of business?
We can often trace the insurance policy that was in place at the time of the accident. The claim is usually handled by the insurer, not the company directly.
Do I need a solicitor?
While not mandatory, work-at-height cases are legally complex involving multiple contractors and safety regulations. Having experienced legal representation ensures you are not outmanoeuvred by insurance companies.
How Michael Boylan Litigation can help
Construction accident claims require legal knowledge combined with an understanding of how building sites actually operate.
Expert analysis of construction regulations: We have deep experience with the Safety, Health and Welfare at Work (Construction) Regulations. We know how to identify breaches in safety planning that a general solicitor might miss.
Coordinating technical engineers and medical experts: We work with forensic engineers to reconstruct the accident and medical specialists to document the full extent of your injuries. This ensures every angle of your case is supported by expert evidence.
Supporting you through the process: We know that a legal claim can feel daunting when you are recovering from an injury. Our team provides supportive, clear advice at every stage, handling the paperwork and negotiations so you can focus on your rehabilitation.
If you have been injured in a fall on a construction site, do not leave your future to chance.
Contact Michael Boylan Litigation today for a confidential discussion about your case.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
