Posted: December 7th, 2015
A man, who used to work in a meat processing factory, has received a compensation settlement of €415,000 after it was determined he received inadequate training for his job.
The accident occurred on the 11th January 2011, when Mohammed Ali Saleh from Mullingar, Co. Westmeath was at work in the Moyvalley meat factory in Co. Kildare. As he was working, he felt a sharp pain in his back whilst he was working at the pluck station. A later examination determined that Mr Saleh had suffered from a prolapsed disk.
Mr Saleh was no stranger to back problems, though this was worse than he had ever suffered. An MRI scan was conduced that showed that decompression was urgently required, though two operations later, Ms Saleh was still diagnosed with failed back syndrome and is now reliant on crutches to move.
Mr Saleh sought legal counsel before proceeding to make a claim for compensation against his employers. In the claim, he stated that Moyvalley Meats Ireland Limited had failed to ever show him proper use of the plucking process that did not require him to twist his back. This repetitive twisting has been identified as the cause of the prolapsed disc.
However, the employer denied any liability for the injury, claiming that Mr Saleh had indeed been provided with adequate training and that the condition from which he currently suffers was as a result of another, pre-existing condition. No agreement was reached, and as such the case proceeded to the High Court in Dublin where it was overheard by Mr Justice Kevin Cross.
Evidence was given at the hearing by an expert witness who testified that the training that Mr Saleh had received from his employers consisted of watching a fellow employee operate the machine at the plucking station. The expert also stated that no safe system had been implemented as to avoid the twisting manoeuvre, and that the training provided was not adequate to prevent an injury such as Mr Saleh’s.
Judge Cross ruled in Mr Saleh’s favour, saying that Moyvalley meats was breaching its duty to adequately train employees. An award of €415,000 was made to Mr Saleh.
Categories: Factory Worker Injury Solicitor