Month: July 2013

Compensation for a Burn Injury at Work Awarded at the Circuit Civil Court

A refuse worker, who suffered an injury when a hydraulic cable on a garbage truck burst and sprayed its contents into his eyes, is to receive €15,565 compensation for a burn injury at work after his claim was heard in the Circuit Civil Court.

Kamil Kozlowski (30) from Part West Point in Dublin was emptying bins in Sandyford Road in July 2011 when a hydraulic cable on the back of the garbage truck burst, spraying hot oil into his eyes. An ambulance was quickly on the scene, and Kamil received first aid before being taken to the Royal Victoria Eye and Ear Hospital – where his eyes were rinsed and a course of eye drops was prescribed.

However, Kamil – who believed at the time of the accident that he may be permanently blinded – continued to suffer pain in his left eye and experience problems with his vision and, after seeking legal advice, made a claim for a burn injury at work against his employers – Panda Waste Services Ltd of Navan, County Meath.

Panda Waste Services admitted their liability for Kamil´s eye injury, but the two sides could not reach an agreement over how much compensation for a burn injury at work Kamil was entitled to receive. Eventually the case was taken to the Circuit Civil Court in Dublin where it was heard by Judge Alison Lindsay.

The judge, after hearing the circumstances of Kamil´s accident and the injury he sustained, awarded him €15,565 in compensation for a burn injury at work.

Claim for Loss due to Lack of Hospital Treatment Resolved Out of Court

A family have resolved their claim for loss due to lack of hospital treatment out of court following the death of 69-year-old Eileen Maloney at Mayo General Hospital.

The family made their claim following an investigation into the circumstances of Eileen´s death in February 2009. Eileen had been admitted to the Mayo General Hospital on Sunday 1st February, complaining of an acute abdominal pain, and although an X-ray revealed a small obstruction in her bowel, no review of the x-ray was conducted to check for a perforated bowel.

Eileen – who was suffering from cancer at the time – underwent a CT scan on the following Friday (6th February) which revealed a tumour had developed in her large intestine; but again a perforated bowel was not considered to be the cause of her ongoing pain – allegedly due to a lack of experienced doctors being available – and surgery was not scheduled until the next week (12th February).

Eileen died five days after her operation, and the family claim they were informed that Eileen would have survived the surgery and lived for a further six months had her condition been diagnosed and acted upon correctly. With this information, the family made a claim for loss due to lack of hospital treatment against the Mayo General Hospital and the Health Service Executive (HSE).

The claim for loss due to lack of hospital treatment was initially denied by the HSE but, at the High Court in Dublin, Mr Justice Michael Peart heard that an out-of-court settlement had been agreed without admission of liability that would see the family receive €50,000 in compensation for their loss. After hearing the circumstances of Eileen´s death, the judge approved the settlement – extending his sympathies to the family and saying that this was a “very, very tragic case”.

Woman to Receive Passenger Compensation for Serious Car Crash Injuries

A woman, who suffered permanent brain damage in a road traffic accident, is to receive 3 million €uros in passenger compensation for serious car crash injuries.

Rhona Murphy from Newcastle, County Galway, suffered life-threatening injuries in February 1999 when she was a front seat passenger in a car which dangerously attempted an undertaking manoeuvre on the Galway to Headford Road.

The driver of the vehicle in which she was travelling lost control of the car and hit another car travelling in the opposite direction, causing Rhona – who was just twenty years of age at the time – to sustain permanent brain damage.

Rhona was lucky to survive the accident, but had to give up her studies to become a teacher because of the brain damage she suffered, and – now thirty-four years of age – is still under medication to help her cope with her loss of memory and loss of balance.

Through her father, Rhona made a claim for passenger compensation for serious car crash injuries against the driver of the vehicle – alleging that they had negligently attempted a dangerous manoeuvre at an excessive speed.

Liability for Rhona´s injuries was accepted by the driver and Ms Justice Mary Irvine at the High Court was told that a settlement of passenger compensation for serious car crash injuries amounting to 3 million €uros had been agreed upon.

Ms Justice Mary Irvine approved the settlement of passenger compensation for serious car crash injuries, commenting that it was a good offer in the circumstances considering that Rhona may have contributed to her injuries by failing to wear a seatbelt and agreeing to be driven by somebody who was under the influence of alcohol.