If you’re injured at work and consider making a personal injury claim against your employer, you may be worried about your job security.
It’s a reasonable concern — after all, making a claim might feel awkward or challenging — but under Irish employment law, you should not be dismissed or suffer unfair treatment simply for exercising your legal rights.
The Unfair Dismissals Act 1977 — Your Protection Against Unfair Dismissal
The Unfair Dismissals Act 1977 is designed to protect employees from unfair dismissal, and this expressly includes cases where an employee has made, or is threatening to make, a personal injury claim against their employer.
Section 6 (c) of the Unfair Dismissals Act 1977 states that dismissal is unfair if it occurs because the employee:
“brings or is a party to civil proceedings, whether actual, threatened or proposed, against their employer, or is likely to be a witness in such proceedings.”
This means you can’t be dismissed simply for pursuing a claim for workplace injuries.
Possible Remedies if Unfairly Dismissed
If you are dismissed unfairly under these circumstances, you may pursue a separate unfair dismissal claim against your employer. The Workplace Relations Commission (WRC) can order a range of remedies, including:
✅ Reinstatement:
Your employment is treated as if you were never dismissed, and you may be eligible to recover all your lost earnings.
✅ Compensation:
Compensation of up to two years’ pay may be payable in cases of unfair dismissal.
Additionally, in some cases, the High Court may prohibit (by injunction) your dismissal while your unfair dismissal claim is ongoing — offering you further protection against unfair treatment.
Your Employer’s Duty to Provide a Safe Working Environment
Your workplace should be a safe and healthy environment to work in.
This principle comes not just from common law, but from The Safety, Health and Welfare at Work Act 2005, which obliges employers to do everything reasonably practicable to keep their employees free from harm.
If you suffer an injury at work due to your employer’s failure to provide a safe workplace, you have the right to pursue a personal injury claim for compensation. Importantly, you should not suffer any unfair treatment or dismissal for exercising this right.
How Often Does Unfair Dismissal Happen in Such Cases?
It’s worth noting that unfair dismissal for making a personal injury claim is extremely uncommon in Ireland.
In the past 15 years, we have dealt with only one case where an employee was dismissed after making a workplace injury claim — and in that instance, the employer was liable to pay both unfair dismissal compensation and damages for the workplace injury.
We’re Here to Help
If you have questions about your employment rights following a workplace injury, or you need help making a compensation claim or unfair dismissal claim, please contact Employment Matters.
Our team of employment law experts is here to guide you through the process and to make sure your rights are upheld.
➥ Email: info@employmentmatters.ie
Please note:
This article is meant for information purposes only and should not be taken as legal advice. If you have a specific legal issue, we strongly advise you to seek legal counsel from a solicitor who specialises in employment and personal injury law.
