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Claim against Iarnrod Éireann for a Shoulder Injury Settled during Hearing

A former employee´s claim against Iarnrod Éireann for a shoulder injury he sustained while at work, has been settled during a hearing to establish liability.

Thirty-eight year old Padraic Reddin from Donaghmede in Dublin, was employed as an electrician by Irish Rail when, in February 2012, he was assigned the task of changing a front destination scroll on a Dart train.

As Padraic was lifting the scroll up towards its fitting, he felt a sharp pain across his shoulders and upper body. He stopped what he was doing and rested a while before completing the task later in the day.

However, the pain returned to disrupt Padraic´s everyday life and affect his sleeping. At one point, he was feeling discomfort in his shoulder when making a cup of tea. Padraic visited his GP, but the pain continued for several months.

Padraic also reported his injury to a superior. However, because Padraic had waited until two weeks after the injury to make his report, the superior refused to complete an accident report form.

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    Padraic then made a claim against Iarnrod Éireann for a shoulder injury and sent an application for an assessment to the Injuries Board. Iarnrod Éireann refused to consent to an assessment of his claim, and the Injuries Board issued Padraic with an authorisation to pursue compensation through the court system.

    The hearing to establish liability in Padraic´s claim against Iarnrod Éireann for a shoulder injury was heard this week at the Circuit Civil Court by Mr Justice Raymond Groarke. At the hearing, Judge Groarke was told that the destination scroll Padraic had been assigned to change weighed 10kg and it was situated at a height of 2 metres.

    Padraic´s legal representatives argued that the task should have been assigned to two employees to avoid the risk of injury, but before Judge Groarke could hear any more evidence, the parties requested a brief adjournment. On their return to the court, the judge was informed that the claim against Iarnrod Éireann for a workplace injury had been settled for an undisclosed amount and that the case could be struck out.

    Eoin P. Campbell, LL.B., Solicitor:
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