Case Study

Case Summary

Incident

Jakub was working as a van driver and was getting ready to start his shift. He standing at the back of the van talking to a colleague about the delivery route, when suddenly, without warning, a pallet truck reversed into him. Jakub’s foot was squashed against a wooden pallet, and he fell over, landing on his hand. He felt excruciating pain in his left leg and foot.

Jakub was taken to the hospital to be examined, and he was referred for an x-ray.

After the x-ray it was confirmed fractured multiple toes. He also had lacerated tissue on his ankle. Jakub was admitted overnight and underwent surgery to repair his open ankle wound.

Jakub was discharged with a below-the-knee cast and crutches. His ankle was still swollen and in immense pain. He was given pain medication and was referred for physiotherapy.

In the weeks following the accident, Jakub was still out of work and continued to experience constant pain in his ankle, lower leg, left knee. His hip also subsequently became painful.

As well as the physical pain, he was also suffering mental health difficulties as a result of the accident and was prescribed medication to help with this.

The accident left Jakub with scaring on his ankle and problems with his blood circulation. Everyday tasks, such as jobs around the house, became a struggle for him, as he could not lift, bend, climb stairs or even walk properly.

He cannot return to a job that requires long periods of standing and walking, since this now leads to swelling of his left ankle as well as aching in his calf.

Due to the neglectful actions of the defendant, Jakub suffered pain, distress, and discomfort. His social, domestic, and recreational life have all been disrupted. He continues to have ongoing issues with pain.

His employers failed to provide not just Jakub, but also his fellow colleagues with a safe place of work. The employer failed to install the necessary safety features, such as warning lights and sirens, to the pallet truck which collided with Jakub.

Every employer bears the responsibility of ensuring the well-being of their workforce and is expected to provide a safe working environment. Unfortunately, his employers did not do this, resulting in this painful accident at work.

Case progression:

The Injuries Resolution Board assessed the injury at €225,000. Solicitor Monika Kealy reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate the client for the injuries incurred.

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

Case settlement:

The case was settled on 29^th July 2024 for the sum of €290,000. This was a great result for our client. We are proud of all the work put in by Monika and her team to achieve this outcome.

*Note: Client name changed for GDPR reasons.

Frequently Asked Questions

1. 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.

2. 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.

3. 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.