Case Study

Case Summary

Incident

Celina was working in the bakery section of a supermarket. A new machine was introduced to speed up the bagging process, which required Celina to use a continuous movement of her arms for extended periods of time. Her colleague went on sick leave due to a repetitive strain injury, which led to more work for Celina to do. Over time, Celina then began to develop pain in her left elbow as a result of these recurring movements.

Celina was in a lot of pain. She visited her GP, and she was referred for an x-ray. The results showed nothing abnormal, so she went back to her GP and was referred for an MRI for further examination. The results of the MRI showed that Celina had suffered lateral epicondylitis, also known as tennis elbow. This injury was a result of repetitive motions of her arms that Celina’s job required her to do.

Celina’s GP administered two steroid injections into her arm to relieve her pain and help the muscles recover. She was referred to physiotherapy to help her get better.

She was told that it is a chronic condition and will flare up from time to time.

Months after the accident, the pain stayed the same, and as a result, Celina was unable to work. She struggled to do her household chores, and was unable to exercise. Before Celina developed the pain, she went to the gym regularly. However, she now experiences levels of pain that prevents her from working out.

The pain in her elbow began to affect her mental health. She experienced anxiety and a loss of sleep. She went back to her GP and was prescribed medication for her irregular sleep pattern and her mental health issues.

As a result of Celina being out of work, her partner had to work extra hours, causing significant financial stress on her family.

The defendants failed in their duty of care to Celina by requiring her to carry out repetitive, continuous, manual tasks that placed her at risk of an injury. The defendant was guilty of negligence and breach of duty of care and failing to carry out any risk assessment, or provide a safety statement in relation to Celina’s tasks.

As a result, Celina has not only suffered physically, but also financially and emotionally.

Case progression:

The Injuries Resolution Board assessed the injury at €40,000.

Case settlement:

The case was settled on the 2^nd of October 2024 for the sum of €40,000. This was a great result for our client. We are proud of all the work put in by Elaine 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.