Posted: March 26th, 2018
A van driver is seeking work accident back injury compensation in the High Court as he says he sustained server injuries when a mattress he was delivering carried him for 12 feet before throwing him back to the ground after it was blown by a gust of wind
Mr Declan Homan, a 54-year-old, van driver, told the High Court that he was delivering the 4 foot 6 inch mattress to an apartment on his last delivery on December 13 2011 when the accident took place. Despite returning to work in the three days immediately the accident, Mr Homan had to leave work due to pain and has not been able to work since then.
Mr Homan, who lives at Island Lodge, Walsh Island, Co Offaly, has taken the compensation action against Etmar Ltd, a company which one of his brother is a director of. The company has offices at Glen Easton Point, Leixlip, Co Kildare.
Kevin was completing deliveries with another one of his brothers in the Sandyford Industrial Estate in Dublin when he dropped from a height of roughly five feet, about twelve feet away from the van.
Mr Homan has also claimed that he was not given the required safety equipment including a safety harness. Due to the injuries that Mr Homan alleges he sustained he suffered back pain straight after the accident and constant pain persists which is made worse by any degree of activity.
Etmar Ltd are denying these claims.
Mr Homan told High Court Judge, Mr Justice Kevin Cross that he attended work the following next day and went to a doctor three days after the accident happened to be assessed.
Legal Counsel for Etmar, while questioning Mr Homan, put it to him that the severity of his injuries and the consequences were a “gross exaggeration” to which Mr Homan answered: “I disagree with you.”
Counsel claimed that the mattress incident could not be predicted by his employer as it was caused by a gust of wind and, also, that he (Mr Homan) had not told his superiors that was too windy to do the delivery. Mr Homan answered that he felt there was no point as he would have been told carry on anyway.
The back injury compensation case being heard before Mr Justice Kevin Cross continues.