Case Study

Case Summary

Incident

Daniel was employed by a racehorse business as a horsebox driver and mechanic. Despite his mechanical skills, he had no formal training in horse handling.

One day, Daniel was tasked with transporting four horses from one farm to another. To do this, he needed to help with catching the four horses (two mares and two foals) from the field they were in and load them into a two-horse trailer. He would then need to drive this trailer up to a larger horsebox that was in a nearby carpark.

However, while he and another worker were loading the horses into the two-horse box, one of the foals bolted. It knocked Daniel to the ground and trampled on top of him. Daniel felt severe pain in his hip and could not get back to his feet.

Daniel was transported by ambulance to the nearest Emergency Department, where x-rays revealed he sustained a fracture to his right hip. He was admitted for immediate surgery to try to save his hip. Daniel stayed in hospital for two days after surgery before he was discharged.

Daniel needed to use crutches for three months and had to return to the hospital for review five times. As he was unable to work, he was laid off by the company he worked for.

In the following months, Daniel went on to develop osteoarthritic symptoms in his hip. He continues to experience persistent pain that wakes him up at night. Daniel’s doctor believes he is likely to be symptomatic for the foreseeable future and will probably need a hip replacement within a year.  He also indicated that Daniel is likely to need a second hip replacement after 15-20 years.

This accident had a significant impact on Daniel’s lifestyle and he has ongoing daily difficulties with his injury. He experiences reduced mobility and feels pain after being on his feet for a couple of hours. He is unable to play with his young daughter as he is afraid of injuring his hip further. He can no longer ride his motorbike as sitting on a saddle is too painful for him.

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, the employer was negligent in their duty to provide appropriate horse handling training to Daniel and ensure adequate safety measures. This resulted in physical injuries, reduced mobility and financial hardship for Daniel.

Case progression

Solicitor Paul W. Tracey instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement

The case was settled on the 21^st of May 2025 for the sum of €150,000. This was a great result for our client, we are proud of all the work put in by Paul and his 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.