An employee of Castolin Eutectic has been awarded €46,000 compensation for a pallet truck accident in which he slipped and fell, and injured his back.
On 5th March 2012, Daniel Hanley (24) from Stoneybatter in Dublin was working at the Castolin Eutectic manufacturing plant in the Magna Business Park, when he slipped and fell while pushing a pallet truck. Daniel was taken to hospital with a back injury, treated for soft tissue damage and was off work for six weeks.
Daniel claimed compensation for a pallet truck accident against his employer – alleging that Castolin Eutectic had not implemented a safe system of work. Due to slipping on an accumulation of graphite spillage on the floor, Daniel also claimed that his employer had failed to ensure that the floor surface was suitable and fit for purpose.
Castolin Eutectic denied liability for Daniel´s injury, and declined consent for the Injuries Board to conduct an assessment of his claim. Consequently Daniel was issued with an authorisation to pursue compensation for a pallet truck accident through the courts. His case was heard this week by Mr Justice Kevin Cross at the High Court.
At the hearing, Judge Cross heard Castolin Eutectic argue that Daniel´s slip and fall injury was due to his own negligence. However, the judge also heard evidence that there had been a number of slip and fall accidents due to graphite spills in the week´s leading up to Daniel´s injury, and safety measures that were suggested to the company´s management were not put in place.
Mr Justice Cross said that there was no suggestion Daniel had been doing anything wrong at the time of the accident and, based on the evidence he had heard, it was likely that there could have been a small amount of graphite on the floor at the time. The judge found in Daniel´s favour and awarded him €46,000 compensation for a pallet truck accident.