Case Study

Case summary:

Incident:

In the Autumn of 2020, Alan was working as a general operative for a cement mixing company. During this time, he was working around the port tunnel on the M50. He was carrying out construction works to a traffic island. Alan was on his hands and knees finishing up works on the traffic island, when suddenly and without any warning, a heavy cement mixing vehicle had reversed over him, and crushed his left ankle.

Alan experienced immediate pain and was taken to the nearest hospital, where X rays revealed he suffered a severe Lisfranc fracture, meaning more than one bone was dislocated in his foot. He then endured a left ankle open surgery to repair his foot, which left him bedbound for 12 weeks and with a 20cm surgical scar.

The pain Alan has suffered is immeasurable. By January 2021 he was still in a cast, he had minimal sensation in his foot, this meant more surgery and Physiotherapy. In February 2021 he had screws and plates fitted into his ankle. Alan described the pain as being 10/10 and defined his foot as feeling swollen, cramped, and burning constantly. He has to wear specially cushioned shoes and can only place 20% of his weight on his left ankle.

Alans quality of life has worsened severely, he mentioned he could no longer train his dogs, play with his children, or go to the gym. He noticed his appetite and concentration deteriorate. Unfortunately, Alan’s ankle is unlikely to improve. He endures graphic nightmares constantly, experiences anxious thoughts, and has developed what his doctor diagnosed as depression and PTSD, which he now requires medication and psychotherapy for.

Alan’s employer did not provide a safe system of work, and obviously did not conduct adequate risk assessment. His employer failed to take any reasonable steps for the safety of Alan, and unfortunately this negligence has cost him his former quality of life.

Case progression:

Court proceedings were instigated, and the case was brought to a successful conclusion.

Case settlement:

The case was settled in the High Court on the 25^th of May 2023 for the sum of €1,800,000. This was a great result for an admirable client, we are proud of all the work put in by Paul and his team to achieve this brilliant outcome.

Frequently Asked Questions

1. What to do after an accident at work?

   After an accident at work and before making a work related claim, your first priority should be to seek medical attention. In minor workplace incidents whereby you have a slip, trip or fall, you may feel as though you are fine, but what you don’t realise is that the minor injury you have suffered could develop into a bigger health issue for you. Assessing your health after an accident is a critical first step.

   Once you have had a medical assessment there are a number of steps you will follow:

   1. Report the accident to your superior

   Before making work related claims it is important that you notify your manager at work as to the accident that occurred. You need you to inform them of the injuries you suffered and the cause of the accident. It is advisable for you to seek confirmation from your superior that you have reported the accident, whether it is written or electronic.

   2. Seek legal advice from a personal injury solicitor

   Once you have reported the accident, it is important that you seek advice from a personal injury solicitor who has experience with accidents in the workplace. They can then talk you through the next steps as to what is involved when making work related claims.

   In the event that you do decide to take a personal injury claim, you are not obliged to personally tell your employer. Your solicitor can write to your employer and notify them of the claim. Some of our clients have told us that they feel that it would be better for them to inform their employer that a claim was being made and that their solicitor would be in touch. This is a matter for each client. Generally, we would advise that all communications regarding the case take place between the legal representatives.

2. What information will my solicitor need to make a claim?

   In order for your solicitor to proceed with a personal injury claim for you they will need the following information:

   • Details of the person who caused the accident.
   • Names, addresses and contact information of any witnesses to the accident.
   • Where available, photographs of the location of the accident, paying particular attention to the item or area where the accident happened.
   • Name of Gardaí/police and station where the accident was reported – names of any Gardaí who attended the scene of the accident (where applicable).
   • Medical records detailing any injuries/treatment following the accident.
   • Details of any costs incurred following the accident (keep your receipts).
   • Details of any loss of earnings and details of any future loss of earnings if you are to be out of work for a long period of time.
   • Cost of medical treatment – details of future medical treatment needed.

3. How to calculate the value of my claim?

   The Injuries Board Book of Quantum provides us with general guidelines as to how much compensation may be awarded in a personal injury claim and is used by the Injuries Board when they are assessing a personal injury claim. This book was compiled by examining sample cases from over 51,000 closed personal injury cases from 2013 and 2014 and is based on actual court figures. It shows us what personal injury compensation amounts were awarded in the past and help give an estimate as to how much compensation could be awarded based on a person’s specific injuries.