Supermarket worker awarded damages of €85,000

A shop assistant took a case against her employer for injuries sustained while carrying out her duties.

The shop assistant was required to fetch a large number of boxes from a storeroom weighing between 13kg and 15kg containing a number of suitcases of different sizes. Justice Barr stated that the boxes were stacked above her head height and she had to knock them off the top of the pile and let them fall before loading them onto a trolley. After filling one trolley she suffered a back injury while loading the second trolley.

Dublin High CourtThe judge said that there was a dispute between the parties on whether the worker had any manual handling training with the supermarket prior to the commencement of her employment with the store. Justice Barr said that she did not receive adequate training and there was no proper follow up to the training. If the supermarket had given any follow up training they would have known that the employee was using incorrect and dangerous methods of lifting. Justice Barr said that these methods of lifting should have been noticed by the supermarket and corrected.

Justice Barr said that the employee had a constant pain in her back following on from the incident and he awarded her €80,000 in general damages, €60,000 of this was for past pain and €20,000 was for future pain. He awarded a further €5,000 for agreed special damages bringing the total amount of damages to €85,000.

The above case illustrates how injured employees can successfully take a case against an employer for injuries sustained due to the lack of adequate training.

Related Articles

What our Clients say:

  • K.D. Dublin 07/07/2013
    “I was very happy with the services of Tiernan & Co, and in fact have recommended their services to two friends since my claim settled.”

  • S.M. Louth 20/01/2013
    “When I was involved in a road traffic accident, I was unsure what to do. From the first time I contacted Tiernan & Co Solicitors until my case was finalised all members of staff kept me updated. They kept things simple, so it was easy for me to understand all aspects of my claim.”

  • N.G. Dublin 2 01/12/2012
    “Mark and his staff main priority are their clients, I couldn't recommend this firm enough.”

  • S.D. Meath 04/10/2012
    “I have been a client of Tiernan & Co for years now, Mark has dealt with my house purchase and sale, the probate of my fathers estate and a personal injury case on my behalf. Mark offers a highly professional service with a personal touch. I would recommend Mark to anyone in need of legal advice.”

  • F.B. Dublin 6 03/05/2010
    “Any queries I had in relation to my personal injury claim were answered promptly and in a professional manner and in the end the compensation I received exceeded my expectations.”

  • C.B. Wexford 02/03/2013
    “I always felt that the staff in Tiernan & Co had time to listen to me and respond to any question I asked. As a client I felt I was a priority.”

  • D.B. Dublin 13 01/08/2012
    “As it was my first time claiming, I was unsure what to do. Mark and the staff at Tiernan & Co helped me through every stage of the process and answered any question I had, no matter how silly it sounded! To be kept updated throughout the whole claim made it much easier for me and in the end I couldn't have been happier with the outcome.”