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Settled by: Caoimhe McConnell
Injury: Back Injury
Incident: Daniel* injured his back while at work when he was standing on a windowsill attending to a window that appeared as if it was going to fall out. There was only a two step ladder available which only got him up to the window ledge which was about 5 foot off the ground. The window appeared to be open so Daniel* went to close it but it would not close, so he tried to open it again and the whole window frame came away. Daniel* fell backwards with the window in his hand. He didn’t want to drop it as he was conscious there were kids around. He fell back landing on his feet however with the weight of the window he twisted his whole body. A few hours later he developed right sided low back discomfort along with spasms in his right flank. As a result his back locks up when he tries to bend down and his ability to walk long distances has been affected and he is not able to run. Daniel* required physiotherapy and a full recovery is not expected. Daniel* was not able to return to his job.
Case progression: The defendant did not consent to the case being assessed by the Personal Injury Board so proceedings were issued on the 05/02/16. The case was brought to the High Court and settled in May 2016 in Daniel’s* favor as his employer failed to provide him with the correct equipment to carry out his job.