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Personal Injury

€25,000 Garda Work Injury Compensation Award Approved

Posted: February 19th, 2018

A €25,000 Garda Work Injury compensation award has been approved following a head-butt attacked on a Wexford based Garda who suffered terrible snoring problems.

Sergeant Noel McSweeney experienced the injury to his nose when he was on duty. McSweeney’s snoring disturbed his wife’s sleep and he had to sleep in another room man times.

Barrister Ellen Gleeson told presiding Judge Justice Michael Twomey that, when when the incident occurred in May 2012, Sergeant McSweeney had been working on a missing person search.

Mr McSweeney said that the missing woman had been found in a car where she was intoxicated, possessing drugs and acting aggressively. She was taken into custody following this.

Speaking about the incident Sergeant McSweeney said: “She jumped back and threw her head backwards, hitting me in the nose and upper teeth”. He added that he suffered cuts to four of his upper front teeth and the line of his nose had been damaged. Mr McSweeney also suffered a restriction of the airflow through his nose along with a deviated septum in the assault.

Sergeant McSweeney also admitted that he was not conscious of the problem but did have to sleep in the spare room of his residence due to his snoring problems. He added that he only suffered minimal slight discomfort and, hence, he chose not to have surgery.

Judge Twomey referred to the Book of Quantum in assessing the amount of Garda Accident Compensation to be paid. He approved a compensation award of  €7,500 be paid for the minor dental damage along with €18,000 nose injury damages.

Right to Claim Garda Finger Injury Compensation Ruling is Appealed

Posted: January 26th, 2018

A Garda has appealed a refusal, by the Minister for Justice to allow him pursue a claim for Finger Injury Compensation for a injury he sustained in the line of duty.

Garda Noel Callan suffered a disfigured fingernail injury when a Garda car door slammed shut on his left small finger. He was, at the time of the incident, apprehending a drunk and violent man. His legal team are arguing that the Ministers refusal to allow him pursue a compensation claim as the injury was minor was incorrect and should be overturned.

Counsel for Garda Callan, Richard Kean SC, told the Hight Court that, as per the Garda Compensation Act, a member of the force who suffers an injury in the line of work may claim personal injury compensation through the courts.

Mr Kean argued that, though the injury suffered could not be termed profound or significant, it still should not be termed a minor injury. He added that the Justice Minister’s ruling was not sound and did not adequately take into account the medical reports that were produced at the initial hearing into the case.

The court was told that Garda Callan was also absent from work for the seven days immediately after the incident happened. He is right handed and received treatment on his left hand’s smallest finger.

Mr Callan lacerated his fingernail bed and his fingernail had to be removed. Following this he felt constant pain over the following eight months including a loss of sensation and tenderness when he was driving his car and completing other menial and non-work related duties.

The incident when he (Garda Callan) was on duty at Swords, Co Dublin, on August 26 2011.  Following a drunk man becoming violent, having being arrested in relation to public order offences, he struggled and a car door slammed down on Garda Callan’s left hand inflicting the fingernail injury.

The medical report referred to the fact that the fingernail was now irregular and deformed when it grew back. Garda Callan still suffers continual pain and tenderness, more so during times of colder weather.

The challenge was heard in the High Court last Wednesday. Judgement has been reserved judgment in relation to it.

Garda Awarded €30,000 Workplace Injury Compensation for Injury to Mouth

Posted: December 4th, 2017

Garda Sean Kelly (31) who is due to be wed this coming weekend, has been awarded €30,000 Garda Workplace Injury Compensation following an assaulted where he suffered a severe cut to his mouth.

Garda Kelly told the High Court that he is still sensitive in relation to the laceration on his upper lip and remarked to Mr Justice Bernard Barton he was still paranoid regarding the star-shaped scar. He was still able to find amusement with the presiding judge that he may have to wear some make-up when he gets married to his fiancé next Saturday.

The incident happened while he was at work on January 7 2012. As part of his duties, Garda Kelly had been called to a house in Finglas. Here a man, who had just been released from a psychiatric institution where he had been treated, was threatening to self harm. Garda Kelly was accompanied by two colleagues on the call in question

Garda Kelly told the court that the individual, who had swallowed a lot of non-prescriptive medication, had locked himself in his bathroom. From there he was threatening to throw himself out the bathroom window. Garda Kelly was struck on his mouth with a toilet brush holder, which lacerated his lip, when they tried to apprehend the man.

Garda Kelly had to be rushed to Connolly Hospital, Blanchardstown to tend to the bleeding. When he was treated, a portion of porcelain was found in his upper lip. X-rays clearly displayed that he had not suffered any major fractures.

He was also given an anaesthetic injection and received seven stitches, a number of them on the inside of his mouth. When the scar later became infected, he had to follows a course of antibiotics until the infection had cleared up. The scar on the exterior of his lip was identifiable at close quarters.

Barrister Derek Ryan, representing the Minister for Public Expenditure, remarked to the High Court that, due to conflicting medical reports, he did not believe Garda Kelly had suffered Post Traumatic Stress to the degree that it would justify an exceptional workplace compensation award.

Healthcare Workers Make Sexual Harassment Against Patients: RTE Report

Posted: November 28th, 2017

Five staff members in the State healthcare system took sexual harassment allegations over the last few years, claiming they were sexually assaulted by service users, according to a report published by RTE in November 2017.

The State Claims Agency has not made public actual details about where the supposed abuse happened in these or any other cases.

The claims relate to incidents that took place between 2012 and 2016 and make up almost half of all sexual harassment claims being taken care by the State Claims Agency on behalf of the State.

The State Claims Agency had, until recently, refused to release any information on these allegations.

There have been appeals from the Fianna Fail political party and the Oireachtas Justice Committee for the State Claims Agency to make available a detailed breakdown of all sexual harassment claims made against separate public sector bodies. This comes after the initial refusal by the State Claims Agency to publish such a breakdown, by employer and sector, of all the sexual harassment allegations which it operates for the State.

Additionally, in November The Oireachtas Justice and Equality Committee wrote to Minister for Justice Charlie Flanagan asking him to get behind a request for the data to be released to the public. As a result of this the State Claims Agency made available a small amount of information on the amount of claims. However, it did not reveal where the claims came from.

In a statement issued it was revealed that the State Claims Agency has managed 11 claims of sexual harassment in the workplace, which it said was “referable to three State Authorities, inclusive of all Delegated Healthcare Agencies, in the years 2012 to 2016”.

It also revealed that in six of the cases they’ve handled the alleged assailant and victim are both staff members. In the other five cases they said the person believed responsible for the assault was a service user in the healthcare area and the victim was a member of staff.

Sewerage Plant Worker Receives Compensation for Slip and Fall Injury

Posted: September 17th, 2017

A former worker at a sewerage plant has been awarded compensation for a slip and fall injury he suffered at work, after accepting some liability for the accident himself.

In February 2010, an employee at the Templemore sewerage plant in County Tipperary was working when he slipped and fell on a path while at work. A subsequent investigation discovered that the fall was due to sewerage overflowing from the flumes surrounding the inlet channels at the now decommissioned plant.

As a result of his accident, the employee suffered frequent headaches and sustained a back injury. The severity of the injury was such that he was prevented from adequately performing his job at the plant, and thus could not return to work. He sought legal counsel, and applied to the Injuries Board for an assessment of compensation for a slip and fall injury at work. However, the defendants-the party responsible for the sewerage plant, Templemore Town Council-denied consent to assess the claim.

As a result, the former employee of the plant sought authorisation from the Injuries Board to pursue his claim in court. This authorisation was granted, and a hearing to determine liability and assess damages took place last week at the High Court. The case was heard by Mr Justice Raymond Fullam. The judge was informed that the employee worked alone at the time of the accident, and that no safe system of work had been implemented by the council for the workers at the sewerage plant.

The council defended the claim for compensation for a slip and fall injury at work by arguing one of the employee´s duties was to keep the paths clear of hazards. They further stated that if he needed additional tools to complete his duties, he should have asked for them from his superiors. The council contested that the employee´s accident had occurred due to his own lack of care and negligence, and thus denied all liability.

Judge Fullam agreed with the defendants that the employee was partially responsible for his accident, and therefore he should take some responsibility. However he accepted the employee´s evidence that frequently the pumps in the plant experienced issues, and he did not have time to clean the paths on a regular basis. Judge Fullam also acknowledged that flumes surrounding the inlet channels were in a bad state on the day of the accident.

The judge said that he would have awarded the plaintiff €79,000 compensation for a slip and fall accident at work, however he was reducing the award by 40% to account for the plaintiff´s contributory negligence. The adjusted settlement of the claim consequently amounted to €47,400.

Woman Receives Compensation for Chair Collapse

Posted: March 14th, 2017

A broken restaurant chair accident claim has been resolved at the Circuit Civil Court in favour of a woman who suffered a soft tissue back injury.

In May 2014, the thirty-four year old woman was dining in the company of her friends at the China Kitchen restaurant in Beaumont. While they were eating, one of the legs of her chair became detached. The chair collapsed beneath her. The woman manged to save herself from impact with the floor, but in doing so she twisted her back in such a way that she felt immediate and intense pain. A waiter saw the incident and came to her assistance. However, rather than find her a safe chair, he tried to repair the broken one.

Due to the tenderness and pain across her lower lumbar region, the woman-who worked as a cleaner-attended her GP and was prescribed painkillers. Although the painkillers helped, she also had to attend physiotherapy sessions. She continued to experience intermittent pain in her back after working in her job as a cleaner or after sitting for long periods. She claimed that the pain she endured severely impacted upon her life.

The woman sought legal counsel, and made a broken restaurant chair accident claim against the owners of the China Kitchen restaurant – Xwfx Limited. The claim alleged that the restaurant had been negligent in providing her with a dangerous chair, and therefore were directly responsible for her injuries.

The owners of the establishment failed to respond to the Injuries Board request for consent to conduct an assessment. They further failed to attend a subsequent court hearing to defend the broken restaurant chair accident claim made against them. The woman consequently obtained a judgement in her favour in default of appearance.

When the broken restaurant chair accident claim was presented to Judge Jacqueline Linnane at the Circuit Civil Court, the judge was told that it was for the assessment of damages only. After hearing details of the woman´s accident and her subsequent injury, Judge Linnane awarded the woman €17,500 in settlement of her broken restaurant accident claim.

Customer Assigned Contributory Negligence for Restaurant Injury

Posted: August 7th, 2015

A man, who was injured when he ate an allegedly stale rasher of bacon in a Dublin restaurant, has been assigned fifty percent contributory negligence, reducing his compensation by half.

Shane McQuillan, aged thirty-two from Swords in Co. Dublin, broke his tooth whilst eating a sausage and bacon sandwich at the Gate Clock Bar on the 23rd March 2013.

Shane sought legal counsel before proceeding to make a claim for restaurant injury compensation against the bar. In the claim, he alleged that the staff had left the food on display for “a number of hours” before it was served to him, which resulted in the bacon being stale. However, liability for Shane’s injuries was contested by the owners of the bar. As such, Shane sought authorisation from the Injuries Board to seek compensation in court.

When the permission was granted, Shane’s claim was heard by Judge Patricia McNamara in Swords District Court. The manager of the bar testified that the food served to Shane was taken from a steel tray, which was in turn kept over a pan of hot water behind a glass display. The manager also claimed that the food was changed every ninety minutes, though lacked any paperwork to support this claim.

The solicitor representing Gate Clock Bar argued that Shane was liable for his injury as, had he any doubts concerning the freshness of the meat in his sandwich, that he should not have requested a sandwich with it.

Shane also testified before the judge, explaining that – since the accident – he has experienced pain in his mouth and finds it difficult to drink cold drinks. Judge McNamara subsequently ruled in Shane’s favour, awarding him €2,500 in special damages on top of €6,500 in general compensation.

However, before closing the hearing, the judge commented that her ruling was based on the fact that the bar manager was unable to provide any evidence that the food was changed every ninety minutes. She went on to comment that Shane “should have been careful of a crispy rasher rind” and assigned him fifty percent contributory negligence for his injury, reducing his compensation to €4,500.

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