Construction worker receives full compensation after employer failed to provide safety harness
Sean was a hard-working construction worker from Cork with over fifteen years of experience. One ordinary Tuesday morning, he arrived at a building site to continue work on the external walls. The scaffolding was erected as usual, and Sean climbed up to his assigned position. Within the first hour of work, his foot slipped on a damp scaffold platform. He fell eight metres to the ground below, landing heavily on his left side. The impact broke three ribs, punctured a lung, and left him with severe injuries that would take months to recover from.
When Sean was discharged from hospital after two weeks, he began asking questions about the accident. He realised that no safety harness had been provided to him that morning—or any morning, for that matter. When he raised this concern with his employer, the company's response was shocking. They claimed that Sean should have requested a harness if he wanted one. The employer argued this was standard practice on their sites and that responsibility lay with workers to ask for equipment. Sean knew this was wrong. He contacted eSolicitors.ie for advice, and our team immediately identified a clear breach of safety law.
Our solicitors gathered medical evidence of his injuries, documented the absence of safety equipment on site, and consulted with a health and safety expert. The evidence overwhelmingly showed that the employer was in breach of their legal obligations. Within eight months, the case was resolved in Sean's favour. The employer was found negligent and agreed to pay full compensation covering all his medical expenses, loss of earnings during recovery, and substantial damages for pain and suffering. Sean received approximately €85,000 in total compensation.
Under the Safety Health and Welfare at Work Act 2005, employers have a clear and non-negotiable duty to provide safe working conditions and appropriate safety equipment to all employees. Section 8 of the Act places a specific obligation on employers to ensure that personal protective equipment (PPE), including safety harnesses for work at heights, is provided free of charge to workers.
The law is explicit: employers cannot shift responsibility to workers to request safety equipment. The burden of ensuring a safe workplace falls entirely on the employer. If an employee is injured because the employer failed to provide necessary safety equipment, the employer is liable for negligence. Courts have consistently upheld this principle, recognising that workers are often in unequal positions of power and cannot reasonably be expected to demand equipment they should never have had to ask for in the first place.
In Sean's case, the absence of a safety harness at height was a fundamental breach of the Act. The employer's defence—that Sean should have requested one—was found to be without merit. This ruling reinforces the strong protections Irish law affords to workers and demonstrates that employers cannot evade their responsibilities through claims of custom or practice on site.
If you have been injured at work, you must take action within 2 years from the date of your injury. This is the statute of limitations for personal injury claims in Ireland. After two years have passed, you will lose your right to claim compensation, no matter how strong your case may be.
Do not delay. Evidence can deteriorate, witnesses' memories fade, and medical records may become harder to obtain. If you have been injured due to an employer's negligence, contact a solicitor immediately to protect your legal rights. Every day that passes brings you closer to the deadline.
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