Case Study

Case Summary

Incident

Sophie worked as a beauty therapist. One day, when Sophie was leaving the bathroom in the salon and pulling the door closed behind her, her finger got trapped between the door and the wash hand basin. She had to pull her finger free and saw it was bleeding profusely. Sophie immediately felt weak and fainted. She fainted again when she was going into the emergency department.

After being examined at the hospital, Sophie was told she had suffered a crush injury to the tip of her right middle finger involving a fracture and damage to the nail bed. She had surgery for her injury two days later.

As well as the pain of the accident and surgery, Sophie’s injury caused her great distress in her personal life. It made looking after her 18-month-old son very difficult. Sophie had to give up her work as a beauty therapist because of the sensitivity and pain in her finger.

This resulted in financial difficulties for Sophie, as she was a single mother with no other income. She ultimately found alternative employment in an office, but she was no longer able to work in beauty therapy.

Sophie became depressed and suffered serious anxiety and panic attacks. She was prescribed anti-depressant medication by her GP. She also had to have physiotherapy sessions under the care of a hand therapist.

Sophie had to make lifestyle changes after the accident, including taking time off work and changing career paths, cutting back on her regular exercise activities, and had increased financial pressures. Sophie continues to suffer with anxiety and trauma from the accident, which affected her sleep, appetite and overall enjoyment of life.

Case progression

An engineer who examined the bathroom door found there to be a hazardous pinch point between the edge of the door and the wash hand basin which did not leave sufficient clearance for a hand. There were no warnings or hazard markings on the door. Every employer bears the responsibility of ensuring the well-being of their staff and a safe workplace free from hazards. The defendant failed to do so in this case.

Case settlement:

The case was settled on the 9^th of February 2024 for the sum of €40,000. This was a great result for our client. We are proud of all the work put in by Ruth 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.