Office Worker Injury Solicitor
Posted: August 3rd, 2018
A former Business Development Executive for Kepak Convenience Foods Unlimited Co, Gráinne O’Hara, has been awarded €7,500 in relation to breaches of the Organisation of Working Time Act.
Ms O’Hara had to handle out-of-hours work emails, a number of which took place after midnight. These request let to extra work of over 48 hours a week on multiple occasions.
Her (Ms O’Hara’s) contract of employment with the Kepak firm stated that her working week was 40 hours. She told the Court that she normally worked close to 60 hours a week. To reinforce her claims, Ms O’Hara showed the Court emails that she sent to and/or received from her employers both before her start time and after her normal finish time.
In addition to this, Ms O’Hara showed the Court emails that she received from her employers prior to 8am. Ms O’Hara told the court she had requested from Kepak, but was was not provided with, a copy of all of her emails while she worked there.
Ms O’Hara was employed at Kepak, based at the Blanchardstown facility, from July 2016 to April 14th 2017.
In response to the claims, Kepak argued that the volume level of work given to Ms O’Hara was not unusual for their staff members. They added that no other staff members had worked longer that the 48 hours in a week.
The Labour Court ruled that Kepak did not provide all of the details of Ms O’Hara’s emails and gave no evidence to contradict her evidence.
The court found that Kepak acted in a manner not in line with the Organisation of Working Time Act by requiring Ms O’Hara to longer than 48 hours a week. They also said that Ms O’Hara’s complaint had a firm basis.
Ms O’Hara appealed the Adjudication Officer work injury compensation award of €6,240 to her. Ms O’Hara argued that this was an adequate amount of personal injury compensation “for the systemic nature of the breaches of the Act involved in the case”. The Labour Court amended the Adjudication Officer’s award by 20% to an overall figure of €7,500.
Posted: April 28th, 2018
The Workplace Relations Commission has ruled that the dismissal of a former human resources manager at a cemetery ‘both substantively and procedurally unfair’ and awarded him €47,500.
The HR manager being paid an annual salary of €51,500 when he was dismissed from his role in October 2016. He had worked at the cemetery since 1996. After being ill during March and April 2016 he went back to work and was told that a number of concerns had come up in connection with his work practices.
Following this he was placed on suspended from his role, with pay, from April to September of that year while an internal review of his actions was completed.
During a disciplinary hearing held by the deputy CEO of the cemetery on September 29, he was told he was being relieved of his position with immediate effect, due to his actions being classified as gross misconduct.
The former HR manager defended himself in the legal action, emphasising that he had a perfect disciplinary record before the ‘concern’ that were used as a basis for his dismissal.
These worries included the deletion of data from a company-owned hard drive, inadequate management of health and safety records and the way in which he dealt with the long-term absence of a colleague.
The mad claimed that he had removed the data from the hard drive due to a valid data request relating to the non-payment of bonuses for a period of two years. The data request in question had been overseen by the deputy CEO.
He also did not agree with the claim suggestion that he had mismanaged the prolonged absence of the other employee, saying that far from exposing the company to litigation or financial harm, he had actually saved the company from this.
Adjudication officer Eugene Hanly found that the criticism of the dismissed man’s actions was valid. However, he found in his favour in that there was insufficient grounds for the dismissal. He ruled that the company must pay the man €47,500 in unfair job dismissal compensation within six weeks of his finding.
Posted: January 22nd, 2014
A report produced by Trinity College´s Centre for Deaf Studies has shown that hearing impaired employees receive poor medical care after an accident at work compared to injured workers with normal hearing.
The report was prepared by Professor Lorraine Leeson as part of the EU-funded “Medisigns” project, which aims to improve communications between patients, sign language interpreters and medical professionals.
Although not exclusive to hearing impaired employees, the report – “Critical Care Required: Access to Interpreted Healthcare in Ireland” – revealed that patients with hearing difficulties are more likely to be victims of medical negligence.
The report cited several examples of incidents that have occurred recently in Irish hospitals due to a lack of communication between medical professionals and hearing impaired patients:
- One deaf patient tragically died as he tried to walk home from a Galway hospital to his home in Clifden – a distance of 50 miles.
- Another hearing impaired patient attended his local hospital with a finger injury and was subsequently prepped for heart surgery.
- A third example concerned a deaf woman who did not sleep for three nights after surgery because she was unable to communicate that she was cold.
The research also showed that hearing impaired employees receive poor medical treatment because hospitals do not always have the resources to attend to deaf patients – with one case study revealing that emergency department staff had to call on the skills of a hospitalised child who understood sign language to act as an interpreter in an emergency scenario.
A Health Service Executive (HSE) spokesperson who commented on the findings of the report said that hospital patients who are hearing impaired or deaf “have a right” to have somebody capable of signing medical terms and treatments present at healthcare appointments; and the health care provider (hospital, GP, outpatient´s clinic) must allocate the resources to attend appropriately to deaf patients.
Providing a sign language interpreter is often possible when appointments are made in advance, and that often injured workers who are hard of hearing are able to bring a signer with them; however hearing impaired employees may receive poor medical care if they are involved in a serious accident at work and no signing friend or family member is available to accompany them to hospital.
Professor Leeson argues in her report that a shortage of resources is no excuse for hearing impaired employees to receive poor medical care. She said:
“At the end of the line it is [the hospital´s] responsibility to make sure that they are gaining informed consent from their patients and to ensure that their patients understand. What we are finding is that patients are saying that they absolutely do not understand what is happening.”
She added that neglecting to provide the services of a sign language interpreter could have grave repercussions for both the patient and the hospital who failed in their duty of care: “what [would be] the cost if the hospital was found to be liable for not actually clearly communicating with their patients and there are consequences arising from that”.
Footnote: If you or somebody close to you is deaf, and has suffered a loss, an injury or the avoidable deterioration of an existing condition due to poor medical care, we understand that it may not be possible for you to use our free telephone advice service. We would therefore recommend that you complete the text box on our contact page with an email address at which we may write to you.
Posted: September 13th, 2013
An Australian office worker has made a successful workplace product liability claim for compensation against the company who imported a chair from which she fell and suffered permanent back injuries.
Terry Anne Downie from Canberra in the Australian Capital Territory sustained life-changing back injuries when, while working for the Community Information and Referral Service, she fell from an office chair after two of the five supporting plastic spokes snapped.
Being unable to move, an ambulance was called for Terry Anne and she was taken to hospital where doctors diagnosed that her immobility was due to a disc swelling at the time of her fall and touching a nerve root in her spine.
Because of the nature of her injury, doctors were unable to completely heal her and although she is now mobile, Terry Anne still suffers a permanent tingling beneath the skin of her legs, has suffered with psychological problems which have prevented her from finding a suitable job and has developed sexual dysfunction.
Terry Anne received her entitlement to injury compensation from her employers but, as she believed the accident was due to the chair being at fault, she made a private workplace product liability claim against the company that imported the chair from China – Janton – and their insurers.
Janton and their insurers denied that their product was faulty and responsible for Terry Anne´s injuries; however, at the Australian Capital Territory Supreme Court, Terry Anne´s solicitors introduced an expert witness who testified that the plastic moulding on the base of the chair had “failed catastrophically” and was directly responsible for Terry Anne´s workplace accident.
Judge Master David Harper found in favour of Terry Anne´s workplace product liability claim for compensation and, in addition to awarding her Au$933,030 in general damages and Au$112,000 in special damages, ordered that Janton´s insurers repay the Community Information and Referral Service for the workplace injury compensation they had paid to terry Anne after her accident.
Posted: February 19th, 2013
A pizza delivery man, who suffered a finger injury when delivering promotional leaflets, has been awarded €7,000 in delivery man dog bit compensation after successfully appealing his case.
Arpit Khurana, aged 23, took his claim for a delivery man compensation after being bitten by an Alsatian-type dog belonging to Vincent and Bernie Fitzgerald of Portobello, Dublin, in October 2009. Arpit had to undergo a surgical procedure for his finger injury and a tetanus injection, after which he spoke to a solicitor in respect of claiming dog bite compensation for the injuries he suffered.
The dogs owners refuted Arpit’s allegations and, when the case was first heard in the Circuit Civil Court in February 2012, Mr Justice Deery ruled that Arpit had no legal right to put his hand through the letterbox to deliver the advertising material. Mr Justice Deery also therw out a claim by Arpit against his employers – Apache Pizzas Ltd.
However Ms Justice Iseult O’Malley, at the High Court in Dublin, permitted Arpit´s appeal on the basis that the flap at the rear of the mailbox did not extend the full depth of the aperture and commented “It seems to me entirely possible the dog in fact got its nose under the flap and managed to bite his hand.” She found that this was sufficient to prove that the Fitzgerald’s had been negligent.
The judge awarded Arpit €7,000 in delivery man dog bit compensation plus costs for his two court cases.
Posted: November 5th, 2012
Figures published by the Department of Work and Pensions compensation recovery unit have indicated that workplace injury claims in Scotland increased by almost a quarter in the twelve months to March 2012.
6,191 personal injury compensation claims were recorded by the Department of Work and Pensions during the year, as opposed to 4,955 throughout the previous twelve months and in spite of workplace accidents in Scotland reported to the Health and Safety Executive (HSE) declining by almost 7 percent in the same period.
The percentage increase in workplace injury compensation claims in Scotland is six times that recorded in England and Wales and, according to a leading Scottish solicitor, could increase still further. Fear of losing their job and not getting another one – particularly in the current economic climate – may have held workers back from making compensation claims in the past he claimed but “given the preponderance of employment in agriculture and construction, plus the significant rates of accidents in this country, we would expect a lot more claims.”
Commenting on the increase of almost 50 percent in workplace deaths in Scotland, Alistair McNab – HSE head of operations in Scotland – stated: “While there has been a welcome drop in injury and ill-health in Scotland, the increase in workplace deaths proves that there is no room for complacency. It is important that efforts are concentrated on managing the risks that lead to serious harm in workplaces throughout Scotland. It is unacceptable that Scottish workers are still failing to come home from work safe”.
There are two significant factors which should be considered when comparing the number of injuries reported to the HSE against the number of workplace injury claims in Scotland. First, as unemployment continues to increasse in Scotland, the percentage decrease in workplace accidents in Scotland is much lower if measured in injuries per 100 employees.
Secondly, only reportable injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) are registered by the HSE. If an employer does not inform the HSE of an incident – or it does not qualify under RIDDOR regulations – that accident and injury is not considered in the annual report.
Posted: October 29th, 2012
A former waiter at the Slieve Russell Hotel has been giving evidence at the High Court in support of his hotel worker injury claim for compensation.
Robert Miloch, from Ballyconnell, County Cavan, made his claim for hotel staff worker compensation against the Slieve Russell Hotel and its parent company – Quinn Hotels Limited – due to suffering a back injury while loading trays onto a trolley in April 2010.
The High Court was told that while he was squatting down to replace breakfast trays on a trolley, Mr Miloch heard a crack in his back and suffered a pain from his back going down to his leg. The pain stopped him from walking and he was told by the hotel to go home and see his doctor.
In support of his hotel worker injury claim, Mr Miloch showed the court an MRI scan from the time of the accident, revealing that two discs in his back had crushed a nerve. His injury, he alleged, had resulted in his doctor advising him not to return to work and despite extensive physiotherapy had not improved.
Mr Justice Sean Ryan was informed that both the defendants denied their liability for Mr Miloch´s injury and claimed not only that a car accident in which Mr Miloch was involved in later that year could have been responsible for his back injury, but that the injury had been described as “paradoxical” by Mr Miloch´s doctor as his patient could move in one direction but not another.
Posted: September 22nd, 2012
A woman from Jacksonville, Florida, has been awarded 13 million dollars in compensation for an elevator fall thirteen years after her horrifying accident occurred at her workplace.
Janice Beasley (41) was made the award by a jury at Duval County Courthouse after a two-week trial in which the court heard how, in May 1999, Janice travelling between floors in an elevator at the office building in which she worked.
The jury were told how the elevator had experienced a malfunction and fallen from the twenty-third floor to the eighth and how, when an elevator engineer was summoned, rather than extract Janice from the elevator, he sent the elevator – with Janice inside of it – falling down to the basement of the building.
As a result of her traumatic experience, Janice suffered multiple bruising which developed into Complex Regional Pain Syndrome (CRPS) and left her wheelchair-bound with partial paralysis of her left leg. Janice was also diagnosed with Post Traumatic Stress Disorder and bouts of depression as a result of her accident.
Janice made a claim for worker compensation for the elevator fall against the building´s owners Highwoods Properties Inc and Schindler Elevator Company – claiming that Highwoods were responsible for the initial malfunction and Schindler Elevator Company for her second accident.
Schindler Elevator Company denied liability and went to some lengths to avoid going to trial. However, after a ten-year delay in court proceedings, the case was eventually heard – resulting in an award of worker compensation for an elevator fall against both defendants amounting to just over 13 million dollars.
Posted: March 29th, 2011
A civil servant, injured when a lift at the Ministry of Defence centre in Feltham went into free-fall, has been awarded 16,500 pounds in an out-of-court office worker injury settlement.
Velma Williams (61) had been employed at the Ministry of Defence’s (MoD) Defence Geographic Centre in Feltham as a security operator for 22 years. In June 2009, she and a colleague entered one of the building’s elevators on the third floor which fell out of control, causing Ms Williams to suffer serious knee and whiplash injuries.
Ms Williams had to take two months off of work due to an operation on her knee injury and, on her return, started to suffer panic attacks whenever using the lifts. A report into the incident revealed that the lift had previously been reported 43 times, but had never been replaced.
After taking legal guidance, Ms Williams made a personal injury compensation claim against the MoD, claiming that they had a responsibility to ensure that the lift was in good working order. The MoD accepted liability and the settlement of 16,500 pounds was agreed.
Posted: March 28th, 2011
A stable hand, injured in a fall from height at racehorse trainer Amanda Perrett’s Lambourn stables, has won a personal injury compensation claim for 127,500 pounds.
Kevin Parker had been steam cleaning a stable in the racing yard, when the scaffolding plank on which he had been standing tipped up, causing him to drop eight feet to the ground. As a result of the incident, Kevin fractured both of his heels – injuries which meant he had to spend a prolonged period of time in hospital, and was unable to resume his equestrian career after being discharged.
After taking legal counsel, Kevin sued Ms Perrett for failing to provide a safe environment in which to work and for being in contravention of the Work at Height Regulations (2005). Agreement was reached without court action.