The High Court has ruled in favour of a Dunnes worker injury compensation claim and increased the settlement of compensation set by the Circuit Court.
On June 6th 2011, Anthony Fitzsimons (25) from Finglas in Dublin – an employee of Dunnes Stores – suffered an injury to his left foot when he attempted to lift a stack of empty crates at the branch situated in the Charlestown Shopping Centre in Finglas.
The injury meant that Anthony was unable to work for 3½ months and, after seeking legal advice, he made a Dunnes worker injury compensation claim on the grounds that there was only a few millimetres of grip available to lift the plastic crates when they were stacked one on top of the other.
Dunnes Stores denied liability for Anthony´s injury, and – after the Injuries Board had issued Anthony with an Authorisation to pursue his claim in court – the Circuit Court found that the accident could have been foreseen and awarded Anthony €8,035 compensation after attributing him with 50% contributory negligence.
The company appealed the decision, and the Dunnes worker injury compensation claim was heard again by Mr Justice Nicholas Kearns at the High Court. Judge Kearns upheld the decision of the Circuit Court, saying in his verdict that Dunnes Stores should have provided Anthony with instructions of the maximum number of crates that could be lifted safely.
The judge also increased the settlement of Anthony´s Dunnes worker injury compensation claim from €8,035 to €11,070 – saying that the injury Anthony had suffered was “nasty” and that the revised settlement was more appropriate to the level of injury that Anthony had suffered.