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Shop Worker Compensated for Foot Injury

Posted: June 24th, 2015

The High Court of Dublin have increased the value of a five-figure settlement awarded to an employee of Dunnes Stores by the Circuit Court. 

Anthony Fitzsimons, aged sweaty-five from Finglas in Co. Dublin, was working at the Charlestown Shopping Centre branch of Dunnes Stores when the accident occurred. On the 6th June 2011, Anthony was attempting to lift a stack of crates when the structure fell and crushed his foot. 

As a result of the work accident, Anthony was out of work for three and a half months whilst he recovered. During this time, he sought legal counsel and proceeded to make a claim for work injury compensation against the retailer. In the claim, he alleged that the stacked crates posed a risk to employees asked to lift them, as only a few millimetres around the rim were available to grip. 

Dunnes Stores refutes any liability for Anthony’s injuries and did not allow the Injuries Board to conduct an investigation into the incident. As a result, Anthony was authorised by the board to pursue his claim through the courts. 

The case proceeded to the Circuit Court, where Anthony was awarded a total of €8,035 in compensation. This was after the judge assigned Anthony a fifty percent contributory negligence, ruling that the accident could have been predicted and, as such, prevented. 
However, the settlement of compensation was disputed by Dunnes Stores, who then appealed. The case proceeded to the High Court, overseen by Mr Justice Nicholas Kearns. The judge upheld the verdict of the Circuit Court, but added that he believed that he believed Anthony should have received more information from his employers concerning the maximum number of crates that would have been safe to lift in one go.

As such, the compensation settlement awarded by the court was increased to €11,070. Judge Kearns justified this by saying that, due to the “nasty” nature of the accident and resulting injury, he believed Anthony was entitled to more compensation.

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