Case Study

Case Summary

Incident

John was working as a construction worker on a restaurant renovation. While removing a large ceramic sink from a wall, the sink slipped and fell onto his right big toe. At the time of the accident, he was not wearing safety footwear but instead had his own trainers on, which were torn by the impact of the sink. John had not been told to wear any safety equipment, and only safety gloves were provided.

John felt immediate pain and struggled to stand. A colleague assisted him to a chair to recover before driving him home. Despite soaking his foot in ice water, the pain worsened, prompting him to take a taxi to the hospital.

X-rays showed that his right big toe had a compound fracture. His toenail had also been almost completely torn off. His toe was stitched, and the damaged nail was removed. John was then discharged from hospital and provided with pain medication.

John was out of work for 13 days and did not receive any financial support or reimbursement for the medical expenses incurred.

He continued to experience pain in his toe, which worsened with prolonged walking or standing. His choice of footwear was limited due to discomfort. As a restaurant worker, he was on his feet for long periods of time, so he often felt pain in his toe by the end of his shifts.

Before the accident, John was an avid football player but has not returned to the sport due to ongoing pain. He previously enjoyed hiking and has resumed this activity, but his endurance and distance are now restricted.

John’s accident caused loss of earnings, significant discomfort and limited his ability to participate in activities he once enjoyed.

Every employer bears the responsibility of ensuring the well-being of their workforce and are expected to provide safe and hazard-free protocols.

Case progression:

The Injuries Resolution Board assessed the injury, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 2^nd of April 2024 for the sum of €44,533.44. This was a great result for our client, we are proud of all the work put in by Maria Lakes and her team to achieve this brilliant 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.