This chapter tells you what you need to know in order to claim benefits in Ireland after an accident at work or if you suffer from an occupational disease.

Here we cover the Occupational Injuries Scheme’s four benefits, one or more of which you could be entitled to:

• Injury Benefit
• Disablement Benefit
• Death Benefit
• Medical Care

You must have been employed under any of the contracts of service or apprenticeships that are insurable at PRSI classes A,B,D,J or M. It is not necessary to have a set number of contributions.

In what situation can I claim?

If you suffer from an occupational disease because of the work you do, or if you have had an accident/incident at, or while travelling on an unbroken journey to or from work, you could be entitled to benefits relating to occupational diseases or accidents at work.

The Department of Social Protection has a list of diseases that are considered occupational. If you have a condition which stems from these diseases, that may also be thought of as occupational.

What conditions do I need to meet?

You may qualify if:

• You have suffered a loss of physical or mental faculty due to an accident at work or travelling to or from work.
• You suffer from one of the prescribed occupational diseases caused due to the nature of your work.
• You were employed on or after 1 May, 1967 and satisfy relevant Social Insurance conditions.

People suffering from Byssinosis, Pneumoconiosis, Occupational Deafness or Occupational Asthma may get Disablement Benefit from the start of when they are incapacitated.

If you have an accident at work you must tell your employer.

What am I entitled to and how can I claim?

Injury Benefit

Injury Benefit can be paid for a maximum of 26 weeks from the date of the incident/accident, to people who are not able to work because of an injury or occupational disease suffered at work or travelling on an unbroken journey from work. If you still cannot work after 26 weeks, you could be entitled to Illness Benefit.

Rate of Injury Benefit in 2023:

You may get an increase in your payment for an adult dependant and dependent children. Note that the payment of qualified adult and child increases depends on the income your spouse or partner may have.

To apply, you will need to get a claim form (IB1) and a Certificate of Incapacity for Work from your doctor. The claim form (IB1) and the Certificate of Incapacity for work will have to be sent to the Department of Social Protection.  You or your doctor may have to submit ongoing medical certificates. You will need to let the Department know if you receive medical care within 6 weeks of starting treatment.

Disablement Pension

This may be paid weekly, every four weeks or in the form of a lump sum. It is payable to people suffering a loss of physical or mental faculty because of an accident or disease at work. You should apply a few weeks before Injury Benefit is due to finish and claim the benefit within 3 months of the date of the accident, or the onset of the disease or you may lose part of the benefit.

100% disablement - €251

If you have between 20-90% disablement, your maximum personal pension is as follows:

Between 15% and 19% disablement: a non-taxable lump sum (maximum of €17,560) may be payable.

Persons in receipt of Disablement Pension may be entitled to a supplement in cases of incapacity or an allowance for constant attendance where the incapacity or need for constant attendance arises as a result of the occupation injury or disease.

Incapacity Supplement

This is an increase to Disablement Pension where a person is considered to be permanently incapable of work as a result of an occupational accident/disease and does not qualify for another social welfare benefit such as Illness Benefit.

Constant Attendance Allowance

In order to get Constant Attendance Allowance the claimant must be so severely disabled that someone needs to care for them for at least 6 months.

You must be getting a Disablement Pension of 50% or over.

Entitlement to Constant Attendance Allowance is based on the recommendation of the Department’s medical advisor.

If you are injured in an accident at work or get an occupational disease while you are living in an EU country outside the country in which you are insured, you are entitled to healthcare in the State in which you reside. Benefits in cash will normally be paid by the institution in the Member State with which you are insured.

Death Benefit is payable if an insured person dies as a result of a work-related injury or a prescribed work-related disease or dies while travelling directly to or from work.

It is also payable, where immediately before death, the deceased was getting a Disablement Pension rated at 50% or higher.

The following are involved:

• Widow’s/Widower’s or Surviving Civil Partner’s Pension
• Orphan’s Pensions
• Funeral Grant

The Medical Care Scheme

Medical care is a scheme that allows you apply for a refund of Medical Expenses incurred if your accident/incident is a result of an accident/incident which occurred at work.

This allows you to get a refund of the costs of medical care and attention that are not paid by the Health Service Executive (HSE) or covered by the Treatment Benefit Scheme. The expenses must be reasonable and necessary. Normally, only one payment is made but if the treatment is ongoing, payment may be made in a few instalments. Payment is usually made to the person who claims, but may be made to the HSE, or to an employer if necessary.

Jargon busters

• A qualified adult/child is a dependant for whom you may get an extra amount, paid as an increase to your personal payment.

Forms you may need to fill in

• Disablement Benefit/Incapacity Supplement (pdf)
• Death Benefit (pdf)
• Medical care in respect of an occupational accident or disease (pdf)

Know your rights

The links below set out your rights in law, they are not European Commission sites and do not represent the view of the Commission:

• Safety, Health and Welfare at Work Act 2005
• Accidents at work and occupational diseases, your rights in Europe
• Sick pay and sick leave, the employers’ obligations - Terms of Employment (Information) Act
• If your application for a benefit is refused you can appeal to the Social Welfare Appeals Office

Commission publication and website:

• http://europa.eu/youreurope/citizens/work/unemployment-and-benefits/index_en.htm

Who do you need to contact?

Find your nearest Intreo Office

Injury Benefit Section
Department of Social Protection, P.O. Box 1650, Dublin 1, Ireland
Tel: (01) 704 3300
LoCall: 0818 928 4000

Tel: +35317043300 (if you are calling from outside the Republic of Ireland)

Medical Care Section Address – as above and Telephone numbers as well

Disablement & Death Benefits
Department of Social Protection, Ballinalee Road, Longford, Republic of Ireland
Telephone: +353 43-3340000
LoCall: 0818 92 77 00
Email: Disablement.Benefit@welfare.ie
www.gov.ie