Tag: Construction Accident Claims

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.”

Man Receives Brain Injury Compensation after Fall from Roof

The High Court has approved a settlement of brain injury compensation after a fall from the roof of a house left a fifty-year-old man with permanent brain damage.

Paul O´Brien was working on the roof of a house in Bray on 18th July 2012 – his first paid employment since he lost his construction job in 2008 – when he went to descend from the roof as it started raining.

Paul attempted to exit the roof from a ladder which had been propped up against the side of the building; but, as he stepped onto it, the ladder slipped on the wooden decking it had been placed on, and Paul fell to the ground.

As a result of his accident, Paul suffered a significant head trauma and now has limited short-term memory. Through his wife – Sandra O´Brien of Glenealy in County Wicklow – Paul made a claim for brain injury compensation after a fall from a roof against his employer – Sean Lyons of Clondalkin, Dublin.

Paul claimed in his action that Lyons had failed to provide a safe environment in which to work and had been negligent by failing to provide suitable scaffolding or fall protection to enable him to work safely.

It was also claimed that the ladder provided was unfit for the purpose of descending from the roof safely, that it had not been fastened to the building, and that the combination of an unsuitable, unfastened ladder and the wet wooden decking on which it had been placed resulted in a dangerous hazard.

An out-of-court settlement of brain injury compensation after a fall from a roof was negotiated by Sandra and Paul´s legal representatives; but, because of the nature of Paul´s injury, it had to be first approved by a judge.

Consequently, the details of the accident were related to Ms Justice Mary Irvine at the High Court, who also heard that Sandra had taken a two-year sabbatical from her job to care for her husband.

The judge was told that the €1.5 million settlement of brain injury compensation after a fall from the roof of roofer´s fall from height injury compensation had been agreed out-of-court and that the family were willing to accept it.

Judge Irvine approved Paul´s settlement – commenting that had the case gone to court, Paul´s contributory negligence may have been a factor in the amount of the settlement. The judge then closed the hearing, saying that she sympathised with the O’Brien family.

Man Awarded Scaffolding Fall Compensation

A man who fell three metres from a scaffolding tower while helping his brother make repairs to the roof of his house has been awarded 750,000 Euros in scaffolding fall compensation for fall from scaffolding after the settlement of his claim was approved in the High Court.

Patrick Rayner from Mitchelstown was helping to replace slates on his brother’s roof in Killmallock, County Limerick when the accident happened during heavy rain in December 2008. As he lent over the top of the scaffolding tower erected to allow access to the roof, Patrick fell three metres to the ground, sustaining a fractured skull injury.

At the High Court, Ms Justice Mary Irvine heard that due to his injuries Patrick has lost his hearing, has a deficit of his taste and smell senses and still suffers from frequent headaches. The judge was also told that through his wife, Julia, Patrick made a claim for scaffolding fall compensation; alleging that the scaffolding tower had not been secured to a permanent structure and that his brother had failed to make adequate provision for Patrick´s health and safety.

As liability for Patrick´s injuries was accepted, and a settlement of 750,000 Euros had been agreed, the case was before Ms Justice Mary Irvine for approval of damages only. After hearing the full details of how the accident occurred, Ms Justice Mary Irvine approved the settlement for scaffolding fall compensation, stating that this was a case of the deeds of a Good Samaritan concluding in tragedy.