Case Study

Case Summary

The Incident

Ben worked as a night-time receptionist at a hotel, one night a large group of people had gathered at the front entrance. Ben printed out a guest list for the purpose of vetting everyone who came into the hotel, he gave this list to security to prevent unauthorised access. However, the crowd were allowed into the hotel by the security company who did not use the guest list provided and the crowd went straight to reception. The loud group were aggressive, and several members were visibly drunk.

During this time, Ben had been showing a separate guest to a side door that would allow her access to her room, he was followed by one member of the crowd and Ben politely requested that they return to the reception area so that he could verify their information. When suddenly the individual assaulted and punched Ben in the face with their fist. He was hit with such force that he lost his footing and fell against a door frame and then onto the floor. Ben felt a dental crown fall out from the hit, he also received a soft tissue injury to the right side of his jaw and a mild concussion.

The assault left Ben with injuries on the left side of his face from the punch and on the right side of his forehead from hitting the door frame before falling to the ground. Despite his injuries, Ben tried to compose himself and continue working until the end of his shift, upon returning home he attempted to sleep but experienced dizziness and discomfort.

Ben went to the hospital where a 4cm laceration was noted on his forehead which was still bleeding,

Ben received advice on how to manage his facial injury and used painkillers for relief along with restricting himself to a soft food diet. He had headaches and dizziness for a week after the accident.

Ben’s main hobby was working as an extra on film sets, he had to miss two days of filming work because of the incident which was upsetting to Ben as it is a huge passion of his. In the weeks following the unprovoked attack, he experienced feelings of worry and general sadness. Ben took one month leave from work to recover and when his symptoms had improved, he resumed working night shifts, but he described difficulty falling asleep afterwards due to heightened anxiety from the incident.

Ben’s employers failed in their duty to provide a safe place of work and were guilty of negligence by failing to provide any reasonable precautions for the safety of their employees.

Case progression:

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

Case settlement:

The case was settled in the Circuit Court in January 2023 for the sum of €19,000.00.

This case was a great success for our client, and we are extremely pleased with the work Ruth and her team accomplished to achieve this excellent outcome.

*Note: Client name changed for GDPR reasons

Frequently Asked Questions

1. What are the legal time limits?

   The statute of limitations are the legal time limits on how long you have to make a claim vary depending on the situation. The general rule for all personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

2. 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.

3. 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.

4. How do I report a workplace accident?

   It is important to immediately take the following steps after the occurrence of an accident at work.

   • Report the accident immediately to your superior and ensure that an accident report is completed and you are given a copy of it.
   • Seek medical attention immediately and ensure that your doctor or hospital personnel keep detailed records of the accident.

   There are strict obligations on employers under the Health & Safety Acts together with other legislation to ensure that employees have a safe system of work and that employees are properly trained in the tasks that they are carrying out and that they are provided with proper equipment in the course of their employment.