Case Study

Case Summary

Incident

Peter worked as a chef in a restaurant. One afternoon, he was carrying boxes of frozen chips from a freezer to the kitchen. While walking Peter placed his right foot on a covered drain on the floor. However, the grating of the drain was not secure, so it moved forward when he stepped on it. Peter’s foot fell into the drain, causing him to lose his balance, hit his elbow on a metal table and fall to the floor.

When he tried to stand up, Peter felt severe pain in his right foot, which quickly became swollen. A colleague got Peter some ice for his foot, he completed an accident report, and his manager brought him to hospital for assessment.

At the hospital, X-rays showed that Peter had not sustained any fractures. He was discharged with pain medication and crutches. Three days later Peter was still feeling pain, so he attended his GP, who referred him for an MRI scan.

The MRI revealed that Peter had sustained a ligament sprain to his right ankle and a sprain of his left elbow. He was prescribed physiotherapy sessions for his injuries.

Peter was unable to work for two months as a result of this accident and it had a

significant impact on his daily life. He was unable to attend the gym or exercise for approximately ten weeks. In addition to his physical injuries, Peter developed symptoms of depression, experienced a loss of energy, and suffered from excessive fatigue.

Every employer has a duty of care to ensure a safe working environment for their employees. On the day of the accident, Peter’s employer failed to ensure that the drain grating was mechanically fixed so that it would be secure and stable, despite having knowledge of the hazard it presented. This resulted in both physical and psychological injuries and financial hardship for Peter.

Case progression

The Injuries Resolution Board did not assess this case due to the complexity of the accident. Solicitor Monika Kealy instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement

The case was settled on the 4^th of February 2025 for the sum of €22,500. This was a great result for our client and we are proud of all the work put in by Monika and her team to achieve this brilliant outcome.

 *Note: Client name changed for GDPR reasons.

Information updated July 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.