Case Study

Case Summary

Incident

Pete worked as a general operative at a refrigerator manufacturer. One afternoon, Pete was foaming a freezer while standing on a step. There was a chemical trench around the foaming area with a steel grate over it.

When Pete finished the foaming, he came down from the step and tripped on a gap in the steel grate. He fell forwards and landed on his arms. Pete felt immediate pain and swelling in his left elbow.

Following the accident, Pete was brought by ambulance to hospital, where he was assessed and admitted. X-rays revealed a fracture in Pete’s left elbow which compromised circulation and resulted in excessive swelling. He underwent two emergency surgeries that night, an internal fixation of the elbow fracture under general anaesthesia and a removal of a haematoma in his forearm. He also required a skin graft taken from his right thigh.

Pete stayed at the hospital for four weeks and underwent six sessions of physiotherapy for his arm after he was discharged. He has not returned to work since the date of the accident.

This accident affected Pete’s ability to carry out daily tasks. He was unable to reach, carry, or lift heavy objects and was unable to fully straighten or bend his left elbow. He also felt a loss of sensation in his little finger and ring finger, which required further surgery.

Every employer has a duty of care to ensure a safe working environment for their employees.

In this case, Pete’s employer was negligent in fulfilling their duty of care in ensuring appropriate safety measures. As a result, the accident caused Pete significant physical pain and financial hardship.

Case progression

The Injuries Resolution Board declined to assess the injury due to the complexity of the case. Solicitor Elaine Hickey instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement

The case was settled on the 7^th of February 2025 for the sum of €80,800. This was a great result for our client. We are proud of all the work put in by Elaine and her team to achieve this successful outcome.

 *Note: Client name changed for GDPR reasons.

Information updated April 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.