Case Study

Case Summary

Incident

Gina was working in a meat factory as a packer. Her role required her to lift heavy cuts of meat that weighed upwards of 12.5 kgs. She was at her station working as normal, when she was asked to go behind a machine to get some bins. As she stepped backwards, she tripped over a pipe that had become loose from one of the machines. Gina lost her footing and fell directly onto her lower back. She also hit her head off a pallet that was on the ground next to the machine.

Gina immediately felt a lot of pain. She could not move properly and found it difficult to breathe.

Gina’s employer arranged for a taxi to take her to hospital, where she had X-rays taken. The X-rays showed no signs of bone injury, and she was discharged later that day.

Gina returned to work six days later and asked her employer to move her to a station with a lighter workload. However, after 30 minutes she was moved to a station that required lots of physical activity and lifting. She found this very difficult and had to leave her job the following week.

Gina returned to hospital for MRI scans, as she continued to experience pain in her neck and lower back. The scans showed her cervical spine had minor disc bulges and had lost its natural curve as a result of the accident. The scans also showed degenerative changes within the joints in her lower spine. Gina was referred for physiotherapy to improve her mobility.

Gina was unable to work for two years after the accident. She continues to take painkillers daily and is greatly limited in terms of physical activity. She can only walk with a very slow, cautious gait, and bending is difficult for her.

Gina’s employer had a duty of care to provide her with a safe work environment. In this case, they failed to create enough space for Gina and her colleagues to perform their tasks safely. They also failed to warn her of the hazard that led to her accident. This failure to create a safe environment meant they did not ensure the health and safety of their employees.

Case settlement:

Court proceedings were instigated and the case was settled in the High Court on the 27th February 2024 for the sum of €42,500.

This was a great result for our client, and we are proud of the work put in by Maria Lakes 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.