A family-run business which spent years defending a personal injury claim by an employee said “it doesn’t feel like we’ve won”, despite the case being withdrawn.
The employee made a personal injury claim after falling down a flight of stairs while carrying a hoover.
Photos of him doing landscaping work at a time when he alleged he was still suffering from severe pain were shown in the High Court in Limerick. Shortly after, he confirmed he would no longer be continuing with the case.
Marie Clifford, managing director of Advanced Technical Concepts in Shannon, Co Clare, said defending the claim took a significant financial and emotional toll.
The incident happened in 2017 and a claim was brought nearly two years later, just before the statute of limitations expired.
“We’re a small business. We’re just ordinary people trying to do their best and trying to take care of everyone, and it is a kick in the stomach when you get a claim you weren’t expecting,” Ms Clifford told the Irish Independent.
“There’s an awful lot of time and money that goes into this. You do question whether it is worth fighting it at the time, as it brings with it a really negative energy.
“But if we didn’t fight it, where would we be?”
The company specialises in providing engineering and supply chain solutions to manufacturing facilities in Ireland and the UK.
The plaintiff, who was working as a store operative, alleged the stairs were slippery; the company was negligent by causing him to lift a vacuum down the stairs; and negligent by failing to provide any instructions or training.
He said he was “shocked, distressed, upset, embarrassed and in pain” following the fall.
An X-ray showed no bone injuries and he was referred for an MRI, which revealed some “degenerative changes” in his discs.
He said he had ongoing problems with his right knee and had to undergo surgery. Following the fall he had “severe pain, requiring regular medication, in his lower back, left buttock and leg, which he did not have prior to the accident”.
Advanced Technical Concepts paid for him to have regular physiotherapy and referred him to their company doctor. Ms Clifford said they did not dispute that he fell down the stairs, but as the claim progressed, the injuries seemed to get more severe.
He rejected an award of €22,000 from the Personal Injuries Assessment Board (PIAB) in April 2020 and proceeded to the High Court. The case wasn’t heard until April this year. Before the hearing, a settlement offer was made to the company’s insurer Aviva, which was rejected.
A private investigator took surveillance photos of the plaintiff doing landscaping work and a decision was made to defend the case.
She said there were a significant number of witnesses who had to be present in court on the day, including her and her father, who set up the business 30 years ago.
“There were doctors, consultants and a lot of other people who had to wait to potentially be called. There is a lot of valuable time being wasted for professionals and it’s very difficult for anyone. You have to drop everything else that is on.
“You can’t go and get any competitive quotes from insurers with a pending claim as no other insurance company will take you on. In fairness to Aviva my premium didn’t seem to suffer, but who knows what would have happened if we had lost. I’m sure it probably would have increased.
“We are all paying higher premiums than we should be because of these claims.”
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