Posted: March 25th, 2013
A Dunnes Stores sales worker, who suffered lacerations to her thumb from broken glass while removing rubbish, has been awarded €6,050 in shop employee thumb injury compensation.
Boguslawa Dzienia (38) from Galway made her claim for shop assistant thumb injury compensation after sustaining her injury while helping to clear garbage in the drapery stock room at the Dunnes Store Westside in Galway.
Ms Boguslawa told the judge at the Circuit Civil Court that at the time the injury happened she was holding a plastic bag open while a co-worker was putting another rubbish bag inside of it. However, a shard of glass scraped the back of her thumb and she was cut.
The court was informed that Boguslawa had been rushed to Galway University Hospital, where her injury was x-rayed to ensure that there was no glass remaining in the wound, which was cleaned out and shut using glue.
However, Boguslawa had difficulty while writing and holding objects due to her injury and, after seeking legal guidance, she filed a claim for cut thumb at work compensation against her employers, Dunnes Stores.
Dunnes Stores refuted the allegations of negligence and liability for her injuries and contested the claim for a worker thumb injury compensation on the grounds that the medical report had recorded a quarter of an inch laceration which required only minimal care.
On being advised that the cut had healed successfully, and the wound that remained could only be seen on very close inspection, Judge Deery awarded Boguslawa €6,050 in shop employee thumb injury compensation.
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 28th, 2012
A former waiter at the Slieve Russell Hotel has been giving evidence at the High Court in support of his hotel worker trolley injury claim for compensation.
Robert Miloch, from Ballyconnell, County Cavan, made his claim for hotel staff injury compensation against the Slieve Russell Hotel and its parent company – Quinn Hotels Limited – due to suffering a back injury while loading a trolley with trays in April 2010.
The High Court heard that while he was squatting down to replace breakfast trays on a trolley, Mr Miloch heard something 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 GP.
In support of his hotel trolley 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 claimed, had resulted in his doctor telling him not to return to work and despite extensive physiotherapy the injury had not improved.
Mr Justice Sean Ryan was told that both the defendants denied their liability for Mr Miloch´s injury and claimed not only that a car crash in which Mr Miloch was involved in later that year could also 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.
The case is due to continue at the High Court.
Posted: May 31st, 2011
An ex-employee of Laura Ashley has been awarded 9,520 pounds in a shop assistant discrimination claim, after a Northern Ireland employment tribunal found the company guilty of indirect discrimination.
The ex-employee – who has asked to remain anonymous – was the primary carer of a child with an attention disorder and had worked at the store for five years. While employed at the shop, she had an arrangement whereby she was allowed time to collect her child from school.
However, when a new rota system was introduced, this arrangement was cancelled and the ex-employee was told that unless she accepted the new rota system she would be out of a job. The company was able to offer her a different position with fewer hours, but this was considered to be unacceptable.
As a result of the changes, the ex-employee took a total of four months off work suffering from stress and, at the tribunal it was agreed that the company’s new rota disproportionately affected female employees in comparison to male employees at the company.
The employment tribunal awarded the ex-employee 6,000 pounds for injury to feelings, 880 pounds for loss of earnings and 2,640 for future losses.or loss of earnings and 2,640 for future losses.