Category: Injury at Work Ireland

If you sustain an injury at work in Ireland for which you are not wholly to blame, you may be entitled to claim compensation. Many work injuries in Ireland are avoidable, and when an employer´s lack of care has resulted in a loss, an injury or the deterioration of an existing condition, you should speak with a solicitor about making a compensation claim. One of the major benefits of seeking professional legal advice is that the Injuries Board application for assessment provides little opportunity for you to express how your injury has affected your quality of life – are area which could substantially increase how much compensation for an injury at work in Ireland you are entitled to receive. Therefore you are invited to discuss the circumstances of your injury at work in Ireland with an experienced solicitor on our freephone Solicitors Advisory Panel.

Waitress Awarded Compensation for an Injury Caused by Broken Glass

A former waitress has been awarded €500,000 compensation for an injury caused by broken glass after a hearing at the High Court in Dublin.

The claim for compensation for an injury caused by broken glass was made by Sophie Caillaud – a former waitress at the Lough Rynn Hotel in Mohill, County Leitrim. Sophie (42) – a French national with an address in Leitrim Village – suffered a deep cut in her right thumb when a glass jug she was filling during a breakfast shift in December 2007 shattered in her hand.

Sophie had to undergo surgery to repair the soft damage tissue in her thumb and, due to the thumb never regaining its strength, Sophie has been unable to return to waitressing since her accident. The injury has also restricted Sophie in her day-to-day activities. She is unable to wash her hair unaided and has had to buy a car with automatic transmission.

After seeking legal advice, Sophie claimed compensation for an injury caused by broken glass against her former employer – Lough Rynn Castle Ltd. – and the two companies that manufactured and supplied the jugs to the hotel – Bunzl Outsourcing Ltd and Utopia Tableware Ltd. Although accepting partial responsibility for the accident, the defendants questioned the amount of compensation that was being claimed and argued that she contributed to her injury through her own negligence.

With no resolution to the case achievable through the Injuries Board process or by negotiation, the claim for compensation for an injury caused by broken glass went to the High Court in Dublin, where it was heard by Mr Justice Kevin Cross. At the hearing, Judge Cross was told that the hotel management knew of the risk of injury from the jugs as members of the restaurant staff had previously reported injuries from the jugs shattering.

The judge was also presented with expert evidence that showed the joint between the jug´s thick handle and its thinner body was liable to be fragile if subjected to rapid heating and cooling – such as when used in a dishwasher. As a result, the joint would break, the jug would fall and the glass shatter. The defendants were unable to provide any evidence disputing the expert´s testimony.

After hearing evidence from Sophie, Judge Cross dismissed suggestions that Sophie was exaggerating her injuries and claims of contributory negligence. Saying that he found Sophie to be “entirely genuine”, Judge Cross awarded her €500,000 compensation for an injury caused by broken glass – €170,000 for Sophie´s past and future pain and suffering, €135,000 for her loss of earnings and €195,000 special damages for costs Sophie has incurred.

Employee Awarded Compensation for Falling Down Stairs at Dunnes Stores

A checkout operator from Wexford has been awarded €81,500 compensation for falling down stairs at Dunnes Stores after a hearing at the High Court.

Jean O´Reilly was working as a checkout operator at her local Dunnes Stores in Redmond Square, Wexford, when – on 9th December 2011 – she fell down a flight of stairs due to losing her footing while reading notices on the staff noticeboard.

An ambulance took Jean to hospital, where she received treatment for soft tissue injuries to her back and neck. Jean had to wear a neck brace for six weeks to support her head while she was unable to work, and she also underwent a course of physiotherapy to the damaged soft tissues so that they could recover their strength.

Jean applied to the Injuries Board for an assessment of compensation for falling down stairs at Dunnes Stores, but her employed failed to consent to the assessment being conducted. Jean was subsequently issued with an authorisation to pursue her claim for compensation through the courts, and she sought legal advice.

The claim for compensation for falling down stairs at Dunnes Stores was heard at the end of last week. At the hearing, Mr Justice Raymond Fullam heard that the staff noticeboard was placed too close to the top of the stairs and that there was no handrail along one side of the staircase that would have enabled Jean to arrest her fall before she was injured.

Judge Fullam found in Jean´s favour and said that Dunnes Stores had failed in its statutory duty of care to prevent the risk of injuries to its staff. He awarded Jean €81,500 compensation for falling down stairs at Dunnes Stores, comprising of €65,000 general damages for the pain, suffering and loss of amenity Jean had experienced, and €16,500 special damages for her loss of income and costs she had incurred.

Former Picker Awarded €153,150 Compensation for a Warehouse Injury

A former picker has been awarded €153,150 compensation for a warehouse injury caused by the failure to provide adequate training for heavy lifting duties.

In October 2012, Salmovir Spes (47) was employed as a picker at the Windcanton distribution centre in Blanchardstown, Dublin. His role involved lifting goods due to be distributed to twenty-four Supervalu supermarkets in the area, and loading them onto trolleys for forward transportation.

On October 29th, Salmovir was lifting five trays of yoghurts from a pallet when he experienced a sharp pain in his back. He went home to rest, but was unable to return to work because of his back injury. Salmovir remained on sick pay until being made redundant in 2014.

Alleging that his injury was due to a failure to provide adequate training for heavy lifting duties, Salmovir claimed compensation for a warehouse injury against his employers. He also alleged he was set an unreasonably high “pick rate” of 1,200 picks per seven-and-a-half hour shift.

The claim was denied by Windcanton, and Salmovir was issued with an authorisation by the Injuries Board to pursue compensation for a warehouse injury through the courts. His case was recently heard by Mr Justice Anthony Barr at the High Court.

At the hearing, Judge Barr heard that employees were required to take short cuts in order to meet their pick rate each day, and dismissed claims by Windcanton that Salmovir had contributed to his injury by his own negligence. The judge also dismissed allegations that Salmovir was singled out for heavy lifting duties because of his nationality.

The judge awarded Salmovir €153,150 compensation for a warehouse injury, saying he was satisfied that the plaintiff had suffered a significant injury to his lower back due to his employer´s negligence. Judge Barr added he accepted that Salmovir continued to experience pain from his injury that rendered him “permanently disabled in the work aspects of his life”.

€15,000 Kitchen Burns Injury Compensation Awarded at Court

A chef has been awarded €15,000 kitchen burns injury compensation after a judge heard that a hose used for cleaning the kitchen was not fit for purpose.

Shijun Liu was usually employed as a chef at the Howards Way Restaurant in Rathgar. However, in March 2013, he was working at the venue´s sister establishment in Churchtown, when he attempted to help a kitchen cleaner who was trying to free the kinks in a domestic hose used to clean the kitchen.

As Shijun and the cleaner tried to untangle the hose, scalding water was suddenly sprayed at the chef. Shijun – who was unfamiliar with the cleaning practises at the Churchtown establishment – was taken to the VHI Clinic in nearby Dundrum, where he was treated for severe scald burns on his ankle.

Due to the nature of his injury, Shijun was unable to return to work for two weeks. He subsequently claimed kitchen burns injury compensation against his employer – Declan Howard trading as Howards Way Restaurant – but Howard denied his consent for the Injuries Board to conduct an assessment of the claim.

The Injuries Board issued Shijun with an authorisation to pursue kitchen burns injury compensation through the courts. After seeking advice from a solicitor, Shijun continued with his legal action, and a hearing to determine liability for his injury took place earlier this week at the Circuit Civil Court.

At the hearing Mr Justice Raymond Groarke heard that the hose used to clean the Churchtown restaurant was not fit for purpose as it could not withstand the heat of the water and softened the more it was used. Judge Groarke found in Shijun´s favour and awarded him €15,000 kitchen burns injury compensation – commenting that he had found Shijun´s testimony very compelling.

Company Prosecuted for Crushed Leg Injury at Work

A manufacturer of concrete sports equipment has been prosecuted for breaches of health and safety regulations that resulted in a crushed leg injury at work.

The company – Bendcrete Leisure Ltd of Stalybridge in Manchester – is well-known for the manufacture of concrete sports equipment such as climbing walls and skate parks. The company also manufactures concrete table tennis tables for outdoor use.

On 20th February 2015, five of the concrete table tennis tables were being prepared for transportation – the first four having been balanced on top of two half-empty resin barrels. As the fifth one was lowered, the weight was too much for the resin barrels and the stack collapsed.

The unnamed employee had been operating the lifting crane from alongside the stack of table tennis tables and, when the stack collapsed, the tables fell on top of him – crushing his legs. Colleagues were able to release the employee and he was taken to Wythenshaw Hospital by ambulance.

The Health and Safety Authority (HSE) conducted an investigation into the crushed leg injury at work and found that the task of manoeuvring the concrete table tennis tables had not been planned, supervised or carried out safely.

The HSE subsequently prosecuted Bendcrete Leisure Ltd for breaches of Section 2 (1) of the Health and Safety at Work etc. Act 1974 and, at Trafford Magistrates´ Court, directors of Bendcrete Leisure Ltd plead guilty to the charges.

After hearing that the employee had spent ten weeks in hospital recovering from his crushed leg injury at work and has been unable to work since, magistrates fined the company £12,000 for the health and safety breaches and ordered the company to pay an additional £3,495 in costs.

NI Pipe Company Fined £24,000 for Fatal Forklift Accident at Work

A manufacturer of plastic drainage pipes has been fined £24,000 for health and safety failings that resulted in a fatal forklift accident at work.

The manufacturer – Cherry Pipes Ltd of Dungannon in County Tyrone – was prosecuted by inspectors from the Health and Safety Executive for Northern Ireland (HSENI) following an investigation into a fatal forklift accident at work.

According to the inspectors´ report, a 49-year-old Polish employee – Arkadiusz Makosa – was fatally injured when a forklift he was driving overturned at the company´s premises in Crumlin, County Antrim. Tragically, Mr Makosa was crushed beneath the weight of the vehicle´s safety frame that was there to protect him.

The inspectors discovered that Mr Makosa was employed as a general operative by the manufacturing company and not as a forklift truck operator, and had therefore received no professional training on manoeuvring the vehicle. Cherry Pipes Ltd was charged with four breaches of health and safety laws that resulted in the fatal forklift accident at work:

  • Article 4(1) of the Health and Safety Work at Work Order (NI) 1978.
  • Regulation 9(1) of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999.
  • Regulation 9(2) of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999.
  • Regulation 10(1) of the Management of Health and Safety at Work Regulations (Northern Ireland) 2000.

At Antrim Crown Court, David Cherry – the managing director of Cherry Pipes Ltd – called the death of Mr Makosa “a tragic loss”. After pleading guilty to the charges brought against the company, Mr Cherry told the court that the company had conducted a full review of its internal health and safety procedures to ensure that there will be no repeat of the fatal forklift accident at work.

Cherry Pipes Ltd was fined £6,000 for each breach of health and safety legislation and ordered to pay £854 – following which Health and Safety Executive inspector Kevin Campbell said: “Employers must ensure that operators of forklift trucks are properly trained, competent and authorised to operate lift trucks.”

He added: “No one should be allowed to operate a forklift truck unless they have received the appropriate training and instruction. It is also essential that all employers provide health and safety information to their employees that is clear and easily understood.”

Judge Approves Settlement of Compensation Claim for a Fatal Accident at Work

Mr Justice Kevin Cross has approved a €500,000 settlement of a compensation claim for a fatal accident at work made by the widow of a man killed in 2008.

Declan Byrne (31) from Ballyhaunis in County Mayo was working on the construction of a gym at the Connacht Sportsground in Galway on 30th April 2008 when the tragic accident happened. Due to the blockwork of the construction being at an advanced stage, Declan had chosen to use a scaffold and bottle jack – rather than a teleporter or a crane – to support a 1.4 tonne steel beam while he realigned it.

When Declan removed the last of the six bolts holding the beam in place, the beam fell on him – causing him to suffer fatal injuries. An investigation into Declan´s death resulted in charges being brought against his employer – CDM Steel Ltd – but the company were acquitted from alleged breaches of the Safety, Health and Welfare at Work Act at a hearing of Galway Circuit Criminal Court in 2013.

At the end of the criminal hearing, Judge Rory McCabe was critical of CDM Steel Ltd for failing to have a construction supervisor on the site and for an “appalling lack of communication” that contributed to Declan´s death. Subsequently, Declan´s widow – Dolores – sought legal advice and made a compensation claim for a fatal accident at work against CDM Steel Ltd and three other defendants.

The defendants denied that their negligence had resulted in Declan´s death and the case was scheduled to be heard at the High Court. However, prior to the case being heard, Mr Justice Kevin Cross was informed that a settlement of the compensation claim for a fatal accident at work had been agreed amounting to €500,000.

Judge Cross approved the settlement and told the family that, although the settlement of the compensation claim for a fatal accident at work was a good one – and that he was happy to approve it – “nothing can replace what you have lost”.

HSA Releases Details of Workplace Fatalities in Ireland

The Health and Safety Authority has released details of workplace fatalities in Ireland for 2015, with fifty-five employees suffering fatal injuries at work.

Although the number of workplace fatalities in Ireland was the same as in 2014, there were significant changes in the distribution of fatal accidents at work. Fatalities in agriculture accounted for eighteen reported deaths compared to thirty deaths in 2014 and included the deaths of three children who were struck by falling objects or moving vehicles.

Construction workplace fatalities in Ireland increased from eight in 2014 to eleven in 2015 and the fishing industry also saw an increase in fatal accidents from one in 2014 to five in 2015. Two-thirds of work-related deaths occurred in businesses with fewer than ten employees or where the victim was self-employed – mainly in agriculture, construction and fishing.

Twenty-one of the workplace fatalities in Ireland were related to accidents involving moving vehicles, while fifteen employees were killed as a result of a fall from height and thirteen others died as a result of being crushed or trapped by machinery. Of the remaining workplace fatalities in Ireland, the majority were attributable to drowning.

Brian Higgisson – the Assistant Chief Executive of the Health and Safety Authority – said the Authority will be looking for further improvements and reductions in accidents during 2016. He said in a press release: “All work-related deaths are tragic and while we must cautiously welcome the reduction in agriculture fatalities, it is still the most dangerous occupation and that needs to change. There are high levels of safety and health awareness in Irish workplaces and we must ensure that this translates to changes in behaviour and fewer accidents in all the sectors this year.”

Mr Higgisson continued: “We will continue to direct resources to the high-risk sectors, but health issues such as those caused by exposure to asbestos, dust, noise and manual handling are also major risks in the workplace. These hazards account for more working days lost than injuries and we intend to increase our focus on these topics during 2016.”

High Court Hears Back Injury Claim due to Workplace Conditions

The High Court has heard a back injury claim due to workplace conditions, and awarded the plaintiff €415,000 compensation for no longer being able to work.

In January 2011, Mohammed Ali Saleh was employed as a slaughter hall man at the Moyvalley Meats factory in County Kildare. While working at the pluck station on 11th January, Mohammed twisted to put meat from a dead animal onto a hook and felt a sharp pain in his back. Mohammed underwent an MRI scan that revealed that he had suffered a prolapse disc and needed urgent decompression treatment.

Despite undergoing two operations on his back, Mohammed´s condition did not improve. He was diagnosed with failed bad syndrome and suffers from persistent pain in his back and legs, has an associated foot weakness, and can only walk with the assistance of crutches. Unable to work, Mohammed made a back injury claim due to workplace conditions against his employer.

In his legal action against Moyvalley Meats Ireland Limited, Mohammed alleged that he had not been adequately trained to perform his duties without conducting a twisting manoeuvre and that the company had not introduced a safe system of work. The company contested Mohammed´s back injury claim due to workplace conditions, and a hearing was schedule for the case to be heard at the High Court.

At the hearing, Moyvalley Meats told Mr Justice Kevin Cross that Mohammed had been given on the job training and that his injury was attributable to an existing back condition. However, an expert witness testified that no safe system of work had been implemented to avoid the twisting manoeuvre responsible for Mohammed´s back injury, and that the only training Mohammed had received was watching an operative perform the task for a short period of time.

Judge Cross found in Mohammed´s favour, and awarded him €415,000 compensation in settlement of his back injury claim due to workplace conditions. The judge explained that the size of the compensation settlement reflected Mohammed´s lost income and his past and future pain and suffering.

Dublin Man Awarded Compensation for Back Injury in Factory Accident

A man from Stoneybatter in Dublin has been awarded €46,000 compensation for a back injury in a factory accident after a hearing at the High Court.

Daniel Hanley (24) made his claim for compensation for a back injury in a factory accident after slipping of small pieces of granite that had been spilled onto the floor and falling at the Castolin Eutectic manufacturing plant in the Magna Business Park.

Daniel – who had been pushing a pallet truck at the time – was taken to hospital, where he received treatment for soft tissue damage. His injury caused him to have six weeks off from work, and his back still troubles him and prevents him from leading a fully active life.

Daniel applied to the Injuries Board for an assessment of compensation for a back injury in a factory accident. However, Castolin Eutectic declined to give its consent for an assessment to proceed, and Daniel was given an Authorisation to pursue his claim through the court system.

The case was heard earlier this week by Mr Justice Kevin Cross, who listened to allegations that the floor surface at the Magna Business Park plant was not fit and suitable for purpose, and that Castolin Eutectic had been negligent by failing to implement a safe system of work.

Representatives of Castolin Eutectic argued that Daniel´s accident was due to his own negligence, but the judge also heard there had been a number of slip and fall accidents due to graphite spills in the period leading up to Daniel´s accident.

The judge ruled in Daniel´s favour – commenting that the company´s management had failed to implement safety measures that could have prevented Daniel´s accident. Judge Cross commented there was no suggestion that Daniel had been doing anything wrong or had contributed to the cause of his accident.

He added that, based on the testimonies he had heard, it was likely that there was at least a small amount of graphite on the floor at the time Daniel slipped and fell. Judge Cross awarded Daniel €46,000 compensation for a back injury in a factory accident.