Month: December 2018

Student Settles Injury at Work Compensation following Hot Oil Accident

A student who took an injury at work compensation against the Chinese takeaway he worked in has settled his High Court action. The young man was burned by hot oil when he unknowingly sat on a bucket of freshly discarded bucket of it.

Umesh Maharjan, a fine arts student sustained devastating injuries when the oil splashed on his back and arm, the court was told. He was in significant pain and has been left with “grossly disfiguring” scars and wounds.

Originally from Kathmandu in Nepal, Mr Maharjan was employed in the Rathnew Chinese Takeaway in Wicklow to help fund his studies in Ireland. The 29-year-old Mr Maharjan, who has an address at Dock Road, Limerick, took his injury at work compensation action against Rathnew Restaurant and Takeaway Ltd due the accident that took place  on August 21, 2015.

His legal representative for Mr Maharjan, Declan Doyle SC, said he was taking a break at the rear of the takeaway where plastic buckets were stored. Another member of staff had placed hot cooking oil from a deep-fat fryer in a bucket there and when Mr Maharjan sat upon it, the lid shifted and he fell backwards when the oil spilled over his back and left arm.

Mr Maharjan sustained life-changing injuries and had significant burns. Co-workers assisted him and applied water to the areas of his body that were burned. He was then taken to hospital.

Presiding Judge, Justice Michael Hanna was informed the issue of liability had been withdrawn in the case and it was before the court for assessment of damages only.

Mr Doyle SC told that Judge that, following talks between all relevant parties yesterday, the case had been settled and could be dismissed.

Copper Face Jacks Injury Compensation of Over €80k awarded for Ankle Break

Colin McNamara, a bar manager from Limerick, has been awarded over €80,000 disco accident compensation by the High Court following a successful claim due to breaking his ankle in a wet floor slip at well known Dublin nightclub Copper Face Jacks nightclub and breaking his ankle in two places.

Mr McNamara was in the Dublin nightclub after he had visited the capital to view a Republic of Ireland soccer match at the Aviva Stadium in 2015 when he fell on the wet floor and broke his ankle in two different places.

Mr McNamara, now 36 years old, with an address at Sycamore Avenue, Rathbane, Co Limerick had submitted the disco accident compensation action against Breanagh Catering Ltd and the owners of the nightclub Copper Face Jacks at Harcourt Street, Dublin, due to the injuries he sustained in the accident that took place on October 9, 2015. In his personal injury compensation action Mr McNamara said that he slipped on a floor which, he claimed, was wet and represented a slipping hazard to patrons.

Mr McNamara informed Mr Justice Michael Hanna that “the wet floor caused me to slip and fall. I turned to walk but I ended up on the floor.”

He claimed that there was a failure to implement any proper steps to clean and dry the floor surface before the accident happened. Additionally, he alleged that the floor had been allowed to remain wet and slippy and presenting a serious danger to patrons.

The defendants in the personal injury compensation action refuted these claims. Mr Justice Hanna told the High Court that he had been given an order of the court giving judgment against the defendant. Due to this, issues of liability were not an issue. As efforts to resolve the case were unsuccessful the defendant chose not intervene in court to challenge the medical evidence, as was their right, but instead chose to use a legal cost accountant.

In the testimony at the High Court, Mr McNamara told the Judge that security staff came and lifted him from the ground and brought him out to a back alley where a member of staff looked at his leg and ankle before advising him that it was not broken. They, the security staff, said that they could not call an ambulance. Mr McNamara said he “hobbled away” and used a taxi to return to his hotel. Due to the fact that he was still in a considerable amount of pain upon his return to Limerick, Mr McNamara went to hospital where he was told that he had broken his ankle in two places. He also had to have surgery and was on crutches for a period of time following this.

Mr Justice Michael Hanna, told the High Court that Mr McNamara has sustained a serious and significant injury when accounting for the fact that he would be required to be “fleet of foot” in job as a bar manager. He went on to say that Mr McNamara was absent from work for five months due to slipping on the wet floor of the disco.

Justice Hanna said that the appropriate figure of nite club compensation was €80,000 plus special damages of €7,116 to cover medical and other expenses of Mr McNamara.