Case Study

Case summary:

Incident:

Lisa was working in a charity shop as a store manager, she was carrying out her usual tasks in work when suddenly she lost her balance and fell, after striking her foot against a dangerously placed step. The step was protruding and had no marking or warning, making it difficult to see. She experienced instant pain in her ankle and foot. An ambulance was called to the charity shop and Lisa was taken to the nearest hospital.

Lisa experienced tenderness and swelling to her ankle and foot, X rays revealed she suffered a spiral fracture of her fibula and a displaced fracture in her right ankle, she was admitted to the orthopaedic unit for operative repair. Lisa underwent a right ankle open reduction surgery and internal fixation surgery. Following her discharge from hospital, she was in a cast for 8 weeks, and required a walking boot, she had to have regular visits to the GP and the physiotherapists. As a result, her quality of life significantly worsened.

Lisa can no longer complete everyday tasks around the house and has had to take 10 weeks off work. Before her accident she was very active and loved walking, she can no longer speed walk, and no longer wear high heels as she has to be in supportive footwear at all times.

Lisa has had no pain free days since her surgery and is conscious of her scar which is 10cm in length.

The employer was aware of the danger of the misplaced step; it was the employer’s duty of care to remove/ fix or provide warnings of the dangerous step as it was a severe hazard that caused serious injury to an employee of the company. They are therefore liable for Lisa’s injury.

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 30^th of March 2023 for the sum of €90,000.

This was a fantastic result for a deserving client. We are proud of the work put in by Maria and her team to achieve this successful outcome.

Frequently Asked Questions

1. 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.

2. 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.

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.