A previously dismissed airport work injury claim, made by a former Ryanair check-in clerk, has been resolved at the High Court with an award of €16,650.
The airport work injury claim was made by a thirty-six year old woman from Swords in Dublin who, on 28th July 2011, injured her back while lifting a piece of passenger luggage onto a conveyor belt at Dublin Airport.
The woman had been tagging the luggage at the time of her injury to indicate to baggage handlers that it was the last piece of luggage to be checked in. She alleged in her airport work injury claim that the check-in desk was not a suitable site from which to lift luggage off of and onto the conveyor belt and that there was no safe system of work in place for the tagging process.
Her airport work injury claim was contested by her employer – MK Human Resources – and Ryanair, and she was issued with an authorization by the Injuries Board to pursue her claim in court. However, at the Circuit Civil Court last November, her claim was dismissed after doubts were raised about whether she had been standing or sitting – contrary to the training provided for her – at the time of her injury.
The plaintiff appealed the decision of the Circuit Civil Court, and the appeal was heard last week by Mr Justice Kevin Cross at the High Court. At the hearing, Judge Cross ruled in the plaintiff´s favour and awarded her €20,800 compensation. The judge found that, although the plaintiff had twice been given manual lifting training, it had not been “site specific” and therefore would not be applicable to working behind a check-in desk.
However, during her evidence, the plaintiff had admitted that she had twisted her body to lift the luggage, rather than turn it. The judge said this had contributed to her injury and she should accept 20% of the blame. He subsequently reduced the settlement of her airport work injury claim to €16,650 to account for the plaintiff´s contributory negligence.