05/04/2021 0 Comments
Case Study: Workplace Accident claim after an accident on a building site
Martin works as an Electrician and had an accident at work in Dublin City Centre. He was working on the development of a large hotel along the banks of the River Liffey. The accident took place as Martin was walking into the main reception door of the hotel when suddenly a large scaffolding bar fell from above and landed on Martin's right shoulder.
Martin sustained a fracture to his clavicle bone (shoulder area) and he required surgery. The surgery also left Martin with a notable scar on the shoulder area which Martin was extremely sensitive about.
The main concern we initially had was which body to pursue in relation to this accident. Martin was reluctant to pursue his employer, even though his employer owed him a duty of care. We felt that the best course of action was to pursue the scaffolding company and also the main building site contractors.
We obtained a medical report from Martin's treating surgeon at St Vincent's Hospital and submitted the case to the Injuries Board. Both Defendant's (main contractors and the scaffolding company) denied liability. We contacted the insurance companies for both Defendant's and both parties blamed one another for this accident.
When liability is denied the case will exit the Injuries Board process. The next stage was to issue Court proceedings in Dublin High Court. The High Court deals with all personal injury cases in Ireland with a value exceeding sixty thousand euros. We submitted a Personal Injuries Summons in Dublin High Court and the case was underway.
Appearances were filed by Solicitors for each Defendant. One of the defendant's proposed a meeting to discuss settling the case and talks were arranged. The settlement talks were a success and Martin was awarded a sum of damages for his pain, suffering and loss of amenity, together with his special damages, which included all of his out of pocket expenses.
Martin was relieved that the case settled without the need to attend Court, and he was delighted with the service that he received from Rogers Solicitors.
Accidents at work on building sites can be tricky in terms of which party is to blame for the accident, and this case is a good example of this. They can also result in serious injuries such as scarring injuries, loss of limbs and serious fractures.