Case Study

Case Summary

Incident

David worked as a general operative at a utility services company. One day, David and his colleagues were repairing water mains on a road. As part of this job, David needed to clean out a hot box that contained molten tar, which was located on the back of a truck.

To do this, he had to stand up on the frame of the box, lean over and use a scraper to remove the accumulated tar. As David was stepping backwards off the box, his leg became caught on a hose, which caused him to lose his balance and land down onto his left foot. David felt immediate pain in his left knee.

The next day, David attended A&E where he underwent an x-ray. This did not reveal any fractures so he was sent home.

Three months later, he was still experiencing knee pain, so he went for an MRI scan. This scan showed evidence of a torn ligament in the knee that helps stabilise the joint. Doctors advised that he needed an operation to fix this.

Following the operation, David was unable to work for two weeks and he required multiple sessions of physiotherapy. While the operation was successful in improving his knee function, the doctor stated that David was at risk of developing arthritis in his knee in the future.

Every employer has a duty of care to ensure a safe working environment for all employees. On the day of the accident, David’s employer was negligent in carrying out an appropriate risk assessment. This assessment would have identified that the method of cleaning out the hot box on the day was unsafe due to the hoses on the truck. Due to the lack of a proper risk assessment, David suffered a serious knee injury which may pose future difficulties.

Case progression

Solicitor Paul Tracey instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement

The case was settled on the 31^st of October 2026 for the sum of €40,000. This was a great result for our 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.

Information updated January 2026

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.