Case Study

Case Summary

Incident:

Dave was working for an audio-visual (AV) integration company on a refurbishment project. It was his first day working at the site. He was in a communications room which had a raised floor with services underneath it. The room was very untidy and there were loose cables on the floor. While working and mounting cables, he took a step back and tripped on a loose cable, causing his foot to enter an opening on a raised floor tile with a sharp edge.

Dave sustained a deep cut to his left shin. An ambulance was called which took him to the emergency department at the nearest hospital. After being examined, the cut on his leg was stitched, and he went home.

However, Dave continued to experience shooting pain in his leg and as a result, he was unable to work for two weeks. He attended his GP three times for advice on pain relief and needed to take painkillers for three months following the accident. The cut on his leg left a large and noticeable scar.

This accident had a significant impact on Dave’s lifestyle. He continues to experience persistent pain and intermittent numbness around the scar. He feels pain and discomfort in his leg when he is driving and when he is lifting equipment at work.

Dave is self-conscious about his scar, and it bothers him when he goes on holidays. As it is still sensitive, he is often anxious that someone or something will knock against it.

Every employer bears the responsibility to ensure the well-being of their workers and to provide a safe and hazard-free work environment. In this case, Dave’s employers did not maintain a safe workspace as there were numerous trip hazards present on the day of the accident.

Case progression:

The Injuries Resolution Board assessed the injury at €5,025. Solicitor Ruth Foy reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Dave for his injuries. Ruth instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 12^th of November 2024 for the sum of €15,000. This was a great result for our client, we are proud of all the work put in by Ruth Foy 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.