Injured worker receives €224,000 compensation for severe ankle injury

29 March 2019

A factory operative who suffered a severe ankle injury when he fell to the ground as he tried to free a trapped bin has been awarded €224,000 damages by the High Court.

Tomasz Zdejszy fell from a height of about two metres to the ground, landing on his right foot, in the accident six years ago.

Mr Justice Michael Hanna found 20 per cent contributory negligence on the part of Mr Zdejszy on the basis he did not exercise sufficient care for his own safety.

Mr Zdejszy, Castlecurragh Heath, Mulhuddart, Dublin, had sued his employer, Stewart Foil Ltd, Rosemount Business Park, Blanchardstown, Dublin and Panda Waste Services Ltd, with offices at Athlumney, Navan, Co Meath, which was responsible for a waste collection at Stewart Foil Ltd.

He claimed he was working in the factory on April 13th 2012, assisting with the waste collection process, when the accident occurred. He said he was caused to fall from the waste paper container while attempting to free a trapped bin with a metal bar.

In his case against his employer, he alleged failure to ensure the safe and proper removal of an obstacle to waste collection without the necessity of Mr Zdejszy working at a height when, he alleged, it was unsafe to do so.

In his claim against Panda Waste Services, he alleged he was required to remove or manoeuvre a bin on a waste container while exposed to working at a height. He also alleged he was provided with an unsuitable object, a metal bar, for the purposes of removing the bin.

Mr Justice Hanna found Stewart Foil Ltd two thirds responsible, and Panda Waste Services one third responsible, for the accident.

The judge said Mr Zdejszy suffered a significant fracture.

He awarded damages of €280,839 which, when reduced by 20 per cent for contributory negligence on Mr Zdejszy’s part, makes a total final award of €224,671. The judge granted a stay in the event of an appeal but, on the application of Ronan Dolan SC, for Mr Zdejszy, also directed that €112,000 be paid out over the next two weeks.

Source: The Irish Times

Follow us for the latest updates & news

Recent News

Autistic cinema manager wins €12k over discrimination in roster row

An autistic cinema manager who quit when his employer was unable to guarantee him two days off in a row following a months-long dispute over rostering arrangements has secured €12,000 in compensation for disability discrimination. The complainant's wife gave evidence...

Northern Ireland exam board boss wins £100,000 settlement

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher,...

Recent Articles

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include...

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of...

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your...

Duty of Care (Part 1)

Meaning of Negligence I Negligence is used in a number of senses.  In one sense, it refers to a person’s state of mind.  An act is negligent, where it is done without giving due weight to the risks involved.  A person  (and his state of mind) may...

Join our Panel

You May Also Like...