Case Study

Case Summary

Incident

Sarah was working in a cheese warehouse when she began to experience symptoms of numbness and cold sensation in her hands. She noticed that her hands were clumsy and tended to whiten while at work. Sarah developed these symptoms due to working in such cold conditions without proper equipment.

Sarah visited her GP, described how her hands had become white and painful as well as blue and red on warming up. After a few months her symptoms began to extend beyond her work environment, and she began to experience them at home too.

After seeing her doctor, Sarah got prescribed various medications. Unfortunately, Sarah had to stop taking the medication as they caused her to have palpitations and headaches.

Previously Sarah lived a very active life outside of work, she is no longer able to enjoy her active lifestyle outside of work such as swimming and basketball due to her hand conditions.

Sarah will need ongoing treatment as her symptoms are likely to continue in the long term which will affect her ability to work in certain environments as she has been told to avoid exposure to low temperatures both indoors and outdoors.

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 3^rd of November 2022 for the sum of €40,000.

This was a great success for our client. We are proud of the great work and care that was put into the case by Paul W Tracey and his team.

*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. How to calculate the value of my claim?

   The Injuries Board Book of Quantum provides us with general guidelines as to how much compensation may be awarded in a personal injury claim and is used by the Injuries Board when they are assessing a personal injury claim. This book was compiled by examining sample cases from over 51,000 closed personal injury cases from 2013 and 2014 and is based on actual court figures. It shows us what personal injury compensation amounts were awarded in the past and help give an estimate as to how much compensation could be awarded based on a person’s specific injuries.