Case Study

Case Summary

Incident

Peter was working as a forklift driver at a pallet company. The forklift he was required to drive was very old, with no shock absorbers and due to a lack of any repairs or services available in the company, it was in poor condition.

As he was driving through the company yard one day, his forklift hit an unmarked pothole. Peter’s body was propelled upwards in the forklift.

An ambulance was called to the scene and he was taken to the emergency department of the nearest hospital.

X-rays revealed that Peter had sustained injuries to his lumbar spine area. He was given a prescription for painkillers and was certified as unfit to work for two weeks. His GP also advised physiotherapy.

After the accident, Peter could barely walk as he was experiencing severe lower back pain that radiated down his right leg.

Peter’s forklift accident had a significant impact on his daily lifestyle. He still suffers from lower back pain and takes pain-killing medications at least every second day, depending on his activity levels. His lower back pain disrupts his sleep at night, and he experiences stiffness in this part of the body in the morning time.

Peter can no longer drive long distances or go over uneven surfaces as this aggravates his back pain.

Every employer has a duty of care to ensure the well-being of their workers and to provide a safe and hazard-free work environment. In this case, Peter’s employers failed to give him a safe forklift to work in and did not maintain the company yard to an appropriate standard. This created a hazardous environment which led to Peter’s accident and injuries.

Case progression:

The Injuries Resolution Board assessed the injury at €7,053.61. Solicitor Monika Kealy reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Peter for the injuries incurred. Monika instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 12^th of December 2024 for the sum of €13,000. This was a great result for our client, we are proud of all the work put in by Monika Kealy and her team to achieve this brilliant 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.