Injury Compensation News

A conference in Dublin, organised by the Health and Safety Authority, Teagasc and the Farm Safety Partnership Advisory Committee has heard that the number of fatal farm accidents has already reached 16 this year, and is on its way to passing the twenty year high of 26 farm-related deaths in 2010.

Key speaker at the event, Minister for Agriculture Simon Coveney, heard that the highest proportion of deaths on farms was due to accidents with machinery, but that other hazards – such as the handling of livestock and the prevention of falls – also had to be tackled.

The Minister responded by stating that “People working on farms need to be more conscious of safety requirements, in particular since in many instances they are working on their own. A significant change in mindset is required if we are to prevent further serious farm accidents”.

He continued by commenting “By continuously talking about and being aware of farm safety we can together bring about a change of culture and farmer thinking in this area”, and concluded his speech by saying “changing farmers´ attitudes is ultimately about self-regulation”.

The conference, which was hosted in Castleknock marked the first time that an international meeting on agricultural occupational health and safety had been held in Ireland, and representatives from the United States, Norway, Denmark, Italy and Great Britain were also in attendance.

A cattle drover, who suffered serious injuries after being kicked by a bullock, is to receive damages from his employer after the Supreme Court ruled that the employer had placed the injured employee at risk.
Mr. Patrick Lynch (53) of Crubany, County Cavan, had been one of a team of three cattle drovers who were employed by Cavan Co-op Mart in October 2003 to herd cattle from a pen in the mart yard to a dividing pen prior to their entering the sales ring.
However, on the day on which Mr. Lynch sustained his injuries, his two companions had absented themselves temporarily, and it was claimed in court that Mr. Lynch had to perform the two absent drovers’ tasks, as well as his own, which required him to enter the individual pens while they were occupied by animals.
As Mr. Lynch was moving through the animal pen to open a gate, the court heard how a Limousin bullock delivered a direct kick to Mr. Lynch’s groin, causing significant trauma to the scrotum and giving rise to a haemorrhage which caused damage to his right testis. Mr. Lynch was subsequently taken to Cavan Hospital for treatment.
The court ruled that, although a safe procedure of work was in place when three drovers were present, there was no system of supervision by the employer. As the improper absence of the other two drovers exposed Mr. Lynch to danger, Cavan Co-op Mart was liable for his injuries.
The case has now been referred to the High Court for the assessment of damages.

A teenager who sustained an eye injury when his eye was impaled on an exposed milking machine hook is to receive 110,000 Euros in compensation. Mr. Justice John Quirke heard at the High Court how David Booth, 17, of Stradbally, County Laois was just eight years of age when he sustained the horrific injury in the milking parlour at his family’s farm in April 2002.
Although David has no recollection of the events leading up to the accident, it was claimed that the defendants – Senior Milking Machine Company Ltd and Stradbally Farm Services Ltd, both of Stradbally, County Laois – were negligent on the grounds that the milking machine was not designed and constructed to a safe standard.
The defendant denied the claim, brought on David’s behalf through his elder sister Elaine, and also that they permitted an exposed hook to be present on the machine with no consideration of the hazard it presented. The settlement was approved by Mr Justice John Quirke without admission of liability.

A report released by the Health and Safety Authority has revealed an increase of 127% in fatal accidents on Irish farms in 2010. The number of deaths in the agriculture industry rose from 11 in 2009 to 25 in 2010 and represents more than half of all workplace fatalities occurring in Ireland.

Commenting on the high fatal accident rate in agriculture, Chief Executive of the HSA, Mr. Martin O´Halloran stated “Farming is a difficult and challenging occupation, many involved are self-employed and the pressures that farmers are under can be intense at times. However, the fact is that the types of farm accidents that are causing deaths and serious accidents, such as those involving machinery and livestock, can be prevented.”

He also urged farmers and farm proprietors to follow the example of the construction industry, which has seen a substantial drop in workplace fatalities (from 10 to 6 in 2010), and which Mr. O´Halloran attributed to everybody “buying-in” to the concept of health and safety. Reaffirming the HSA policy that increased compliance results in a sustained reduction in accidents, Mr O´Halloran announced an increase in planned farm inspections in 2011 from 1,700 (in 2010) to a minimum of 3,000.

Acknowledging that many types of farm accidents which cause death and serious injury can be prevented, Mr. O’Halloran concluded, “We want to work with farmers by taking a sensible approach to health and safety management. We will support those that genuinely want to improve and take enforcement action against those that refuse to do so”.

The Health and Safety Authority (HSA)  has launched new farm safety guidelines with the support of farming organisations. Farms are the most dangerous workplaces in Ireland in terms of fatal accidents. The focus of the HSA’s efforts are to help farmers identify and negate the key risks and hazards in farms. For example, it is not generally known that farm animals are one of the main causes of farm deaths. The new farm safety initiative includes an improved code of practice for child safety on farms, guidelines on the safe use of tractors, guidance on safety around overhead power lines, and guidance on livestock safety at marts and lairages. The objective is to reduce the number of farm accidents.

Mr Justice John Quirke of the High Court in Dublin has approved a settlement award of €1.28m to a County Waterford teenager TJ Kearns, who lost a leg in a farming accident. The farm accident occurred on April 20, 2001, when TJ Kearns’  leg got entangled in a power seed sowing machine while working on a farm when he was nine years of age. TJ Kearns was in a tractor with a power harrow attached that was driven by an adult.
The defendants in the case were John Joe Flynn, Eugene Flynn and Gerard Flynn of  Dunmore East, County Waterford.  As is common in most workplace injury claims, liability in the action had been admitted. As a minor, TJ Kearns of Viewmount, Waterford sued through his father Tom Kearns.  The settlement offer had to be approved in the High Court because TJ Kearns is a minor.
While approving the settlement, Mr Justice Quirke stated that  “no money could compensate TJ fully for what he had suffered” .  TJ Kearns received treatment National Rehabilitation Centre in Dun Laoghire and now uses an artificial leg.