Case Study

Case Summary

Incident

Carla worked as a warehouse operations manager. One afternoon, Carla was in the employee canteen having her lunch. One of her colleagues stood near her and picked up a 14-kilogram carton of milk to put into a dispenser machine. Suddenly, the colleague lost his grip on the carton of milk and it fell against Carla’s neck and back.

Carla felt immediate pain in her neck, back and right shoulder. She received first aid from her colleagues and was taken by ambulance to hospital.

At the hospital, Carla was assessed and had X-rays taken, which showed she had no fractures. She was discharged that day into the care of her GP.

Carla continued to suffer pain and discomfort, so her GP referred her for physiotherapy and an orthopaedic surgeon consultation. Two months after the accident, she had an MRI scan, which showed a small disc protrusion and inflammation.

Carla was prescribed pain relief medication and underwent three sessions of targeted injection therapy to her shoulder. She attended two sessions of physiotherapy and continues to do daily physiotherapy exercises at home.

This accident at work had a severe impact on Carla’s lifestyle. Her injuries impacted her daily activities; she was unable to work for nine months after the accident and her ability to exercise and do regular daily tasks was limited. Carla’s mood became depressed and she experienced loss of energy and excessive tiredness. She was unable to sleep as she suffered from ongoing pain during the night.

As a result of the psychological impact of the accident, Carla underwent 30 sessions of psychotherapy and was treated with antidepressant medication.

Every employer has a duty of care to provide a safe working environment. As a direct result of her colleague’s negligence, Carla suffered significant physical pain, disruption to her daily life, and financial hardship.

Case progression

The defendant declined to have the case assessed by the Injuries Board. 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 May 2025 for the sum of €65,000. This was a great result for our client and we are proud of all the work put in by Elaine Hickey and her team to achieve this outcome.

 *Note: Client name changed for GDPR reasons.

Information updated May 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.