14/02/2019 0 Comments
Workplace Injury Case Study - Brian from Tallaght (Dublin 24)
Here is a good example of what we specialise in at Rogers Personal Injury Solicitors Dublin.
It was 24th August 2015. Brain was working away at his place of work. It was a production factory in Tallaght, Dublin 24. Brian place of work was a factory in an industrial estate west of the M50 motorway. The factory produced plastic moulds to be used for various purposes throughout the world.
Brian was standing close to a mould when suddenly one of the moulds fell from the production line and molten liquid was thrown over Brian's leg. Brian could immediately feel and great deal of pain and burning to his right leg. The molten liquid came into contact with his trousers which were not designed to protect employees from such scenarios.
Brian was taken to the Mater Hospital in Eccles Street, Dublin 7. However the Mater hospital then referred Brian to a specialist burns unit at St James' hospital in Dublin. The burns were nasty and deep. Most of Brians lower right leg was badly burned. He was kept in the hospital for four nights before being discharged. Brian was out of work for some time.
In November Brian's neighbour suggested that he contact us, after using our services previously. A meeting was arranged with Brian and he attended our offices in Trinity Street, Dublin 2. We advised Brian of what was involved. We advised that the case will be submitted with PIAB, but there was a chance that High Court proceedings will likely be required.
A letter before action was sent to the employer, and they in turn sent this their insurer. We obtained a report from Brian's GP outlining the extent of the injuries. We carefully submitted the Form A application form to the Injuries Board.
Brian was updated constantly with phone calls, text messages and emails. The third party insurer was not happy that they were liable for the accident even though it seemed fairly obvious to us that they were to blame. In such cases, the claim will exit the PIAB process. Please see our guide to the PIAB process for a full explanation on how PIAB functions at https://www.personalinjurysolicitor.ie/piab-guide.
Now that the case had exited PIAB, the next step was to issue High Court proceedings. If a personal injury claim is valued at over sixty thousand euros then it must be issued in the High Court. Our Barrister assisted us in drafting the Personal Injury Summons which is the document that is filed in the central office of the Big Court in order to commence proceedings. Brian also had to swear an Affidavit to state that the contents of the summons was true to the best of his knowledge.
A few weeks later an Appearance was filed in the Court from the Solicitors that were acting for the third party insurer. This meant that they were now party to proceedings. The third party solicitors sent us a list of further particulars ( a list of questions in relation the accident) and these were promptly replied to.
By this stage we were now around 1 year post accident. An updated medical report was required, and Brian's GP referred him to a plastic surgeon and a report was drawn up. The report stated that Brian had sustained lifelong scarring to his right leg as a result of the nasty burns, This was no surprise at all to Brian.
Brian lost around six months wages after the accident and we instructed an accountant to calculate Brian's losses.
The next stage in the court process was the filing a Defence by the third party solicitors. A call was then received from the third party solicitors to ask if we would attend settlement talks at the Four Courts in Dublin. We had a meeting with Brian to see what he thought of this. Brain was happy to attempt settlement as he did not relish the though of attending Court. From our perspective we are also happy to consider settlement as all of the expert reports that we needed were ready.
Two weeks later we attended the Four Courts along with Brian and our Barrister. After 2 hours and intense negotiations, a six figure settlement figure was agreed. Brian was very happy with the result and he was satisfied that the amount he was awarded did justice to the injuries that he sustained.