Compensation for injuries in the workplace. Statistics form 2008
Some interesting data has been released by the Injuries Board in a publication entitled ’ A review of employer Liability Awards 2008 ‘which gives an insight into the types of accidents that occur in Ireland.
Apart from data on the awards which injured persons were made the report sets out anumber of examples of cases dealt with.
Given that the bulk of the cases are presented by solicitors it shows that the scheme seems to be operating in a reasonably successful manner.
The key to having a satisfactory result appears to lie in the presentation of the case in the best possible fashion.
Clearly cases where the extent of injuries ,out of pocket expenses and future losses are not properly addressed claimants can loose out.
On that basis it appears that solicitors continue to have a significant role to play in securing the best results for their clients.
Solicitors’ experience on court awards and the fact that insurers very often do not respond with the threat of court proceedings help secure better awards for clients.
The sample cases make interesting reading and we have selected some for you to read, comments as always welcome!
Paul Tracey
Litigation solicitor
Paul W Tracey
Solicitors
01-8745656
e mail law@traceysolicitors.ie
Sample Cases
While working as a bar tender in her local hotel, Siobhán suffered lacerations to her left wrist due to broken glass that had not been cleared. This transpired to be quite a serious injury as the nerves and tendons in Siobhan’s wrist had been damaged. This damage was subsequently repaired with surgery. She was out of work for approximately four weeks and has regular physiotherapy sessions to restore the strength, dexterity and sensation in her fingers. An award of just over €37,000 in compensation was made.
Edward, an engineer, fell from a height of 10ft when the scaffolding he was working on collapsed underneath him. He suffered a broken wrist and lacerations to his ear and eyelid when scaffold poles fell on him. His injury resulted in some reduction in his hand movement and strength, some mild hearing loss and he still has scarring on his ear. He was awarded just under €39,000 in compensation.
Paddy
This gentleman had to have his left index finger amputated when it was severed due to a defective power saw he was working with on a construction site. The tool was not fitted with a safety guard. As a result of his injury, Paddy will have lifelong disability and loss of grip in his left hand. He avoids working with power tools on-site and often finds some social situations awkward. He was awarded just over €59,500; part of this award was for loss of earnings.
Nuala
Nuala, a deli worker, was injured due to defective equipment when she was dismantling an advertising board in the restaurant where she worked. She suffered a crush injury with lacerations to her left index finger which required plastic surgery. In cold weather particularly, she still suffers from numbness and decreased function in the tip of her finger and finds sewing, previously a hobby of hers, most uncomfortable. Nuala’s claim was processed and she was awarded just over €23,000.
William
He sustained a chemical burn to his lower legs whilst working in a pharmaceutical plant. He had not been provided with the correct protective uniform. These burns required corrective plastic surgery and some scarring still remains. William must now be extra vigilant regarding day to day sun exposure. William’s claim was processed and he was awarded over €28,000 in compensation.
Claire, a factory worker, was operating a rotation machine when it suddenly jammed. A broken part of the machine was then released and struck her in the face causing injury and lacerations to her face and mouth and also causing damage to her teeth. This injury required extensive reconstructive work and will require additional treatment in the future. She was awarded €53,000 in General and Special Damages, this allows for costs incurred for future dental work.
As a member of the restaurant service staff, Cormac a student, slipped on a wet floor that had just been mopped but there was no warning sign displayed. The tray of crockery that he was carrying broke and he suffered deep lacerations to his left hand. This injury required three separate surgical operations to fully repair the damaged tendons and Cormac was unable to work for several months. He still has reduced movement in his hand but regularly attends for physiotherapy to aid this. His claim was processed and he was awarded just over €40,000 in compensation.
Joe sustained a twisting, sprain injury when he slipped and fell while descending a defective staircase in the office. Due to the severity of his ligament injury and the nature of his job. Joe was unable to work for approximately four months as he was on crutches. His claim was processed he was awarded just over €20,000 in Damages, this includes a figure for Loss of earnings
While working as a warehouse operative, Julia was required to engage in repetitive bending and lifting of heavy boxes. Her employer had not enlisted her on a Safety Manual Handling course and subsequently she suffered acute lower back pain. Julia was unable to work and could not socialise with friends for several weeks. She was awarded just over €30,000.
Tim
Tim, a driver was temporarily blinded when a defective electrical heater in the depot exploded, releasing debris which had to be removed from his eyes. Tim now has slight blurring of vision in his left eye and suffers regular discomfort to his eyes. Tim received just under €11,000 in compensation.
The Legal Movie Blog.-How many movies can you name with a ‘legal’ theme?
It recently occurred to me just how much movie coverage ‘matters legal’ attract.
Whether it’s true life coverage or fiction we all have a fascination about law & its workings.
It was only when I was browsing the web that I realised that this ‘love affair’ with the law extends to Hollywood and far beyond!
I thought I’d look into it a little further & was surprised to be reminded of just how many films have been made with a legal theme of one sort or another
I thought it would be interesting to set out a list of some of my favourite’ Courtroom Flicks’, some old & some new and get peoples views on their favourite legal movie
If you have a movie favourite with a ‘legal theme’ let us know.
Enjoy!
- The Verdict (1982). Starring Paul Newman, James Mason. Directed by Sidney Lumet. This is one of my favorites A good courtroom drama involving Paul Newman as a down-and-out lawyer who to make ‘ends meet’ attends funerals looking for business. He takes a medical malpractice case faces his demons and gets his career back on track. Excellent courtroom tension. Rated****
- Michael Clayton (2007) Michael Clayton (GEORGE CLOONEY) is an in-house “fixer” at one of the largest corporate law firms in New York. A former criminal prosecutor, Clayton takes care of Kenner, Bach & Ledeen’s dirtiest work at the behest of the firm’s co-founder Marty Bach (SYDNEY POLLACK). Though burned out and hardly content with his job as a fixer, his divorce, a failed business venture and mounting debt have left Clayton inextricably tied to the firm. At U/North, meanwhile, the career of litigator Karen Crowder (TILDA SWINTON) rests on the multi-million dollar settlement of a class action suit that Clayton’s firm is leading to a seemingly successful conclusion. But when Kenner Bach’s brilliant and guilt-ridden attorney Arthur Edens (TOM WILKINSON) sabotages the U/North case, Clayton faces the biggest challenge of his career and his life A deep look at the morals & ethics of the business of law Rated ***
- A Few Good Men (1992). Starring Jack Nicholson, Tom Cruise, and Demi Moore. Contains the now famous line ‘You can’t handle the truth! Tom Cruise plays a Navy lawyer charged with the duty of defending two Marines charged with murder who say they were acting under orders of a colonel (played by Jack Nicholson). Rated ***
- My Cousin Vinny (1992) Joe Pesci Ralph Macchio, Fred Gwynne, and Academy Award-winner Marisa Tomei as Pesci’s feisty fiancée. Probably one of the funniest spoof cross examinations on film! This comedy stars Joe Pesci as a streetwise but inexperienced lawyer from New York who gets the call to defend his cousin and a friend when they’re accused of shooting a convenience store clerk in the Deep South. Rated ***
- Liar, Liar (1997). Starring Jim Carrey. Cast as a father who promises but never delivers Carey finds himself at the end of his son’s wish come true where Carrey can’t lie for 24 hours. This plays havoc with his life & legal career. This is one of Carrey’s better outings keep, an eye out for the funny bathroom scene! Rated ***
- Evelyn (2002) Staring Pierce Brosnan. Set in Ireland in the 1950’s this film tells the story Desmond Doyle, an unemployed house painter whose wife walks out on him and their three children. Set in an era of church and government authority Doyle sees his children taken & placed in residential care. Doyle joins forces with a skeptical local lawyer (Stephen Rea), an American attorney (Aidan Quinn) and a brash, retired legal eagle (Alan Bates) to challenge the Irish legal system and win his children back. Rated**
- Legally Blonde (2001) Reese Witherspoon brings home this comedy with a legal backdrop. Despite all the cynics she does well when accepted to Harvard Law School. Despite the ‘blonde moments’ the film has lots of charm and Witherspoon carries the role with ease. Rated**
- I Am Sam (2001). Starring Sean Penn, Michelle Pfeiffer. Something of a strange custody story involving Sean Penn, as the father, who hires Michelle Pfeiffer to act on his behalf. Some good courtroom scenes in this film. Rated **
- The Accused (1988). Starring: Kelly McGillis, Jody Foster. Courtroom drama involving rape victim (played by Foster).The film poses issues as to whether the victim or the accused is on trial! Rated **
- A Civil Action (1998). Starring John Travolta, Robert Duvall. Based on Jonathan Harr’s book of a true story involving a class action lawsuit against environmental polluters. The personal finances of the lawyer (played by John Travolta) handling the case feature large. Rated**
- Class Action (1991). Starring Gene Hackman, Mary Elizabeth Mastrantonio. Two generations of lawyers from the same family battle it out in court. In this film father and daughter act on opposite sides on a products liability case involving defective cars that explode. Hackman plays the liberal plaintiff’s lawyer, representing the underdog, while his daughter practices for a large corporate firm acting for large businesses. Rated ***
- The Chamber (1996). Starring Chris O’Donnell, Gene Hackman and Faye Dunaway. Based on John Grisham’s novel, the story of a young lawyer who defends his racist grandfather who is imprisoned on death row for murdering two Jewish boys. Hackman does his best to be mean throughout the plot. Rated**
- Murder in the First (1995). Starring Christian Slater, Kevin Bacon and Gary Oldman. Christian Slater plays a young crusading lawyer who takes on the case of an inmate in Alcatraz who is wrongfully put into solitary confinement for years and becomes insane as a result. A Tough movie, not for the faint hearted. Rated**
- Philadelphia (1993). Starring Tom Hanks, Denzel Washington. Tom Hanks received many plaudits for his role in this film. Hanks plays a lawyer fired by his law firm because he has AIDS. The only lawyer willing to act for him in his wrongful dismissal action against his old firm is an ambulance-chasing (personal injury) lawyer played by Washington. A film where the clash of ‘legal cultures’ is well captured .Hanks dedication to the role is reflected in the physical changes he underwent to lend a sense of reality to the illness of the central character. Rated****
- Rules of Engagement (2000). Starring Tommy Lee Jones, Samuel L. Jackson. A court-martial drama in which a lawyer/military man (played by Tommy Lee Jones) agrees to defend his colleague (played by Samuel L. Jackson) who is charged of breach of duty for an embassy rescue mission that goes wrong. The “rules of engagement” and the pressures that soldiers face when under enemy fire come into focus. Rated***
- A Time to Kill (1996). Starring Matthew McConaughey, Sandra Bullock, Samuel L. Jackson, Kevin Spacey. Taken from a John Grisham novel this is the story of a young lawyer (played by McConaughey) who takes on a case in the South defending a black man who is charged with killing the two white men who raped his daughter. McConaughey plays the role of the southern Lawyer particularly well. Rated ***
- Jagged Edge (1985). Starring Glenn Close, Jeff Bridges. A murder mystery mixed with a court case where Glenn Close plays a lawyer who falls for her client who is accused of murdering his wife. Rated**
- Breaker Morant (1980). Starring Edward Woodward, Jack Thompson. An Australian court-martial movie set in the time of the Boer War. Three Australian soldiers are treated as scapegoats when prosecuted for executing prisoners of war. Rated **
- Kramer vs. Kramer (1979). Starring Dustin Hoffman, Meryl Streep. One of my favorites which is a real tear jerker! An excellent examination of a family law case involving a struggle over custody of a young boy. Poses the question as to the role of the Courts in custody disputes. Rated ***
- And Justice for All (1979). Starring Al Pacino, directed by Norman Jewison .Al Pacino defends a judge who is charged with rape. Spice is added to the plot as Pacino has had something of a history with the same a judge. Legal ethics are given a good airing! Rated***
- To Kill a Mockingbird (1962). Starring Gregory Peck. A true Legal Classic. This marvelous film is an adaptation of Harper Lee’s novel tells the story of Atticus Finch and his daughter Scout. Finch is challenged to defend a black man wrongfully charged with rape in a racially-charged community. Rated *****
- 12 Angry Men (1957). Starring Henry Fonda. Directed by Sidney Lumet. A classic court related film, more famous for the drama created in the jury room rather than in the court itself. What seems like a straightforward case changes when the jury starts their deliberations. Rated ****
- Anatomy of a Murder (1959). Starring Jimmy Stewart, Lee Remick, Ben Gazzara, directed by Otto Preminger. A courtroom drama involving a murder trial where the accused, a lieutenant in the army, is charged with murdering a bar owner who had raped his wife. The defence of temporary insanity is raised but will it succeed? Rated***
- Witness for the Prosecution (1957). Starring Tyrone Power, Marlene Dietrich and Charles Laughton. Based on the novel by Agatha Christie, A star studded cast where Charles Laughton plays the lawyer defending his client, charged with the murder of a rich, middle-aged widow. The challenge, however, is that the accused’s alibi rests with his wife, who has decided to be a witness for the prosecution. A clever well throughout script. Rated ****
- Adam’s Rib (1949). Starring: Spencer Tracy, Katherine Hepburn. Something of a rarity a courtroom drama/comedy where Katherine Hepburn and Spencer Tracy, as husband and wife, are on opposite ends of a criminal prosecution where Hepburn defends a woman charged with murdering her husband with Spencer Tracy prosecuting the case. Makes for sharp witty exchanges Rated ***
Paul Tracey Solicitors November 2009
Dublin Bikes prove a big hit- but what about insurance for accidents?
The Dublin Bikes scheme has proved a big hit with Dubliners and visitors to the city since its launch in September.
One interesting legal issue arising from the use of the bikes is the question of insurance in case of an accident.
What happens if a cyclist hits a pedestrian and injures him or her whilst using one of these bicycles?
Well one thing is clear the promoters of the scheme have set out their position on their website in their terms and conditions section, it reads as follows;
‘You are not insured by the provider to use dublinbikes and you do so entirely at your own risk. It is advised that you take out your own public liability insurance if you do not have such a policy already in place.’
Well cycling safely is clearly the first step. It would also be a good idea to check your household insurance policy and see if it covers the householder in the use of a bicycle and more particularly the use of a hired bicycle!
Visitors to our site might let us know what response they get from their insurance company’s on this topic.
Safe cycling!
Paul Tracey
November 2009
Personal Injuries lump sum compensation-lump sums system criticised.
An economist speaking in Dublin recently criticised the merits
of lump sum settlements as opposed to structured settlements.
The speaker Colm McCarty called for a debate on a change from the current system
where a victim of an accident gets a lump sum for their injuries and where relevant a sum to cover future loss and expenses and called for a debate on the concept of a structured settlement.
Structured settlements are common in a number of European countries and involve the victim getting an initial payment followed by an annuity.
Whilst a debate is to be welcomed on the subject the question may victims might ask would be who would manage their ‘lump sums’?
In light of recent economic conditions insurance companies and financial advisers would have some distance to go to win the trust of victims that their investment skills could meet this task.
The challenge for insurance companies will be the fact that cases could not be ‘closed off’ for many years leading to additional administration costs into the future.
The debate is an interesting one and one certainly set to run for some time.
In the meantime it goes without saying that prudent investment of settlement monies is essential for all victims of accidents in order to ensure that the resources are available to fund potential future expenses.
Paul Tracey
November 2009
Phone Texts feature in Car Accident case.
In a recent case heard in Limerick the alleged use of a phone came into play
in the trial of a driver involved in a collision that claimed the life of two emergency workers
A court heard evidence that a mobile phone which was found on the driver’s side of a car which had been involved in a collision contained a number of text messages and calls made shortly before the accident.
The driver involved denied these allegations and the charges of dangerous driving causing the death
The accident involved the death of a garda and a fireman in road traffic accident back in 2007 and came on for hearing in Limerick recently
Apart from the obvious risks of texting or phoning whilst driving the case emphasises the potential admissibility of phone records into court in the event of a subsequent accident.
The case should act as a reminder to all drivers that distractions to drivers can have fatal
Effects and the availability of records of texting or of phone calls may feature in any subsequent prosecutions for dangerous, careless or more serious driving offences
Paul Tracey
November2009
