Our Client Awarded over €153,000.00 for his back injury
Slavomir Spes v Wincanton Ireland Ltd.
Slavomir came to Ireland in 2005 and started to work as a General Operative (Picker) in a warehouse. He worked hard for his employer for almost 8 years when he sustained a back injury in October 2012 while picking goods in the warehouse.
This injury meant he was unable to work for a long time and he decided to seek legal advice from Murray Flynn Maguire in December 2013. A team of our professionals dealt with Slavomir’s case until it reached the High Court on the 26th January 2016.
In court Slavomir claimed that the injury was due to his employer’s negligence and the argument centred on the fact that even though he received some manual handling training he was never trained as to the correct technique of twisting or turning while carrying heavy loads. In addition he claimed that the daily pick rate of 1200 picks was unreasonably high, resulting in undue pressure being placed on him and therefore increasing the likelihood of him sustaining injury. His employer’s failure to rotate Slavomir between heavy lifting and light lifting type work was also an issue in the case and Slavomir stated that these combined factors led to his back being weakened over the years, resulting in the acute back pain he experienced daily and his inability to return to work.
Judge Barr said that he was satisfied that the Plaintiff’s injury arose due to a combination of factors; being the lack of adequate training and safe turning techniques the imposition of a rate of work that was excessive; that the workers were forced to take shortcuts when lifting items in an effort to achieve their targets and working in confined spaces, which increased the likelihood of suffering a twisting injury.
The court reviewed the company’s training records and found them to be deficient “somewhat of a box ticking exercise, rather than anything of any real substance”. The court found the Defendant negligent for their failure to provide adequate training and awarded Slavomir €70,000.00 for his pain and suffering, €33,150.00 for his loss of earnings to date of the court case together with €50,000.00 for any future loss of earnings total €153,150.00. He was also awarded his legal costs.
Murray Flynn Maguire solicitors
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Republic of Ireland