Case Study

Case Summary

The Incident

Karolina carried out her usual work routine, tending to duties like gathering berries and ensuring the quality of the produce they were growing. While she diligently maintained a high standard of care for the crop, unfortunately, her management failed to uphold the same level of attention to her well-being. They overlooked her health and safety, displaying an inability to maintain a safe terrain for her to walk on. The smooth flow of her day was disrupted when her foot unexpectedly plunged into a hole, resulting in her foot being struck by a stone.

The hole remained hidden from view within a vast expanse of grass, concealed beneath the grassy exterior lay debris that ultimately led to her ankle’s unfortunate fate. The pain surged intensely, prompting her immediate visit to the hospital for a thorough examination of her foot. The test results provided some relief as they indicated the absence of any fractures in her ankle, though a diagnosis of a soft tissue injury was given. Karolina was advised to rest, provided with crutches, and given guidance on pain relief medication, which she would take after concluding her hospital visit. Subsequently, she was referred to undergo an MRI scan on her injured left ankle, which had suffered during the traumatic incident, revealing a suggestive partial tear of the anterior talofibular ligament (links the fibula to the talus bones). In the following weeks, she attended approximately four physiotherapy sessions to assist her during her recovery period.

After three months had passed, Karolina’s injury continued to trouble her. She informed her doctor about the persistent numbness and tingling sensations in her ankle whenever she engaged in walking or attempted exercise routines. Subsequently, it was discovered that there was tenderness present over the lateral ligament complex. Karolina received advice to maintain an active mobilization routine and continue with physiotherapy. The doctor later began to question the possibility of long-term disability for Karolina and recommended a thorough assessment. After recently finding out that she was going to be a mother, this was the last thing that she anticipated to commence her journey of pregnancy. This injury would only prove to make her healing period increasingly challenging, given the additional strain and burden it would place on her as a pregnant individual.

Karolina’s quality of life had been significantly diminished; she struggled to find a healthy sleep pattern due to the pain her foot was causing her at night, which prompted the introduction of sleeping pills to aid her. Furthermore, and had an upcoming wedding to attend and had intended to lose some weight beforehand as well as wear a pair of high heels to match with her carefully chosen outfit. Regrettably, her aspirations were destroyed as she found herself completely unable to exercise, incapable of running and leaving her dreams of weight loss unattainable. Furthermore, due to the pain her foot caused, she felt unable to wear the high heels she so desperately hoped she would be able to.

She had to endure months of agony and emotional stress which heavily impacted her quality of life as a result of her managements inability to provide a safe work environment for Karolina and other potential members of the team. Risk assessment and a safety statement were unprovided from the management team in relation to the hazardous terrain that Karolina and other members of the team would be exposed to each day. Under the unfortunate circumstances of her situation, she proceeded to pursue a claim against the owner of her establishment.

Case progression:

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

Case settlement:

The case was settled in the High Court on the 16/11/2022 for the sum of € 46,000. This was a great result for an admirable client, we are proud of all the work put in by Paul and his team to achieve this brilliant 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 is compensation calculated?

   A compensation amount is calculated by taking into account the following aspects:

   • Loss of wages, if absent from work due to injury
   • Future loss of earnings, if absent from work for a long period of time
   • Medical expenses resulting from the injury
   • Future medical expenses resulting from the injury
   • Out of pocket expenses

   In order to calculate compensation for you, the Injuries Board will refer to the Book of Quantum. The Book of Quantum shows value ranges of compensation amounts that have been awarded to people for injuries to specific parts of their bodies. Each of the average compensation amounts found in the book is taken from real personal injury cases (over 51,000 in total) from the years 2014-2015.

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.