A woman who suffered a dislocated wrist in a workplace accident has been awarded €25,000 compensation after her claim for a fall from a ladder at work was resolved at the Circuit Civil Court.
In February 2007, Nicola Starmer from Ballynakill Downs in Waterford was working at the Argos store in Great George´s Street, Waterford, when she went into the store´s stockroom to collect goods to deliver to a customer.
As the goods were stacked high on a shelf, Nicola (42) used a ladder in order to reach them. As she was descending the ladder with the goods under her arm, she fell backwards and landed on her right forearm.
Nicola was initially unaware that she had suffered an injury, but during the day a pain in her forearm developed and she attended the Accident & Emergency department of her local hospital where x-rays revealed a dislocated wrist.
Doctors stabilised the wrist injury by inserting pins and Nicola was discharged from hospital with an above-the-elbow plaster cast. Unfortunately Nicola´s injury prevented her from continuing in her temporary position as a front-of-house assistant.
Nicola sought legal advice and, after speaking with a solicitor, made a compensation claim for a fall from a ladder at work. The store denied its liability for Nicola´s injuries and the case went before Mr Justice Raymond Groarke at the Circuit Civil Court.
At the hearing Judge Groake was told by Argos´ legal representatives that Nicola had been trained on how to use a ladder and that the company should not be held responsible for her injuries.
However, Nicola´s solicitor told the judge that the ladder safety training had been conducted by Nicola being shown a DVD – rather than Nicola being given a practical demonstration – and that she had never been trained on safety procedures in the stockroom.
After hearing that Nicola attempted to collect the goods only because the store was short-staffed, the judge found in her favour and awarded her €25,000 in settlement of her claim for a fall from a ladder at work.