Case Study

Case Summary

Incident

David was on his way to the morning meeting at 8am at the warehouse where he worked for the past 16 years, when he suddenly without warning tripped over exposed wires scattered on the path and fell awkwardly, directly onto his hands and knees. He felt immediate discomfort and shooting pain in his left ankle. The way in which he fell caused David to suffer hand abrasions linked to trying to protect his face during the fall.

As David was the last person to go to the morning meeting room, no one from the warehouse had noticed him fall. He tried to pull himself up but just couldn’t, he felt dizzy and decided to stay down on the floor and await help to come. He decided to take off his shoe to reduce the pain in his ankle to no effect. Shortly after the meeting ended his co-workers found David lying on the floor as they were coming back, first aider John helped him and applied cold ice to the affected ankle.

David was unable to continue work for the day and was taken home, he was told to stay at home until Friday in order to help heal. Soon later, David attended his Urgent Care Centre and got an x-ray done on the ankle to see the damaged caused, and was given a splint and crutches.

David sought physiotherapy to improve the injury to the ankle. Since the event, David is still using the splint and crutch and to this day he still cannot kneel, this is causing discomfort and disruptions to his social and recreational life.

Case Progression

Court proceedings were instigated, and the case was brought to a successful conclusion.

Case Settlement

The case was settled on the 26^th of January 2023 for the sum of €16,500

Note: Client name changed for GDPR reasons

If you have suffered from an accident at work then contact us today.

Frequently Asked Questions

1. 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.

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. 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.