A postal worker, who damaged the big toe on his right foot when a package of floorboards fell onto it, has won his claim for avoidable toe injury at the Circuit Court in Dublin.
Edward Pyne, aged 61, of Balbriggan, County Dublin, brought his claim against An Post after the accident in November 2006 left him needing several operations for an ingrown toenail which had resulted from the injury. He also argued that he had sustained from several infections which had developed in the injured toe.
Circuit Court president, Mr Justice Matthew Deery was shown how An Post should have supplied steel toe-capped boots as part of a postal worker´s uniform, but Edward had previously worn out the pair that had been most recently given to him three years previously. Consequently the shoes he was wearing on the day of the avoidable toe accident offered insufficient protection against such an accident happening.
An Post denied responsibility for Edward´s claim, but Mr Matthew Deery heard testimony that many of Edward´s colleagues at the Balbriggan Post Office also failed to wear the obligatory steel toe-capped footwear, and had An Post provided better supervision of their staff, the accident could have been avoided.
Upholding Edward’s avoidable toe injury compensation claim, Mr Justice Matthew Deery stated that he was satisfied that An Post had failed to provide adequate protective footwear for their staff, and awarded Edward 16,000 Euros in personal injury compensation.