The High Court assessed damages at €189,409.50 for an employee injured when a steel girder fell on her right leg at work in April 2015. Liability was not in issue, and the hearing dealt only with the amount of compensation.
The plaintiff suffered a laceration about 25 centimetres long on her right calf. After initial treatment at Cork University Hospital, the wound became infected and she was readmitted for surgery, including debridement and a skin graft taken from her right thigh. She was left with a prominent calf scar and two donor-site scars.
The court accepted her evidence that she has nearly constant sharp pain around the scar, radiating towards her ankle, and difficulty bending her knee. She said the pain affected her social and recreational life and led her to reduce her working week from about 37.5 hours to 22. The judge found her pain genuine and, on the balance of probabilities, linked it to nerve involvement caused by the accident. He also accepted that the calf scar would not improve further and that she felt unable to wear skirts.
Psychiatrist Dr Tessa Neville said the plaintiff had developed post-traumatic stress disorder and mild depression. The judge noted that the PTSD symptoms had improved and assessed the psychological injuries as at the lower end of the scale. The plaintiff remained employed as a customer assistant with Boots Ireland. The court accepted vocational evidence that her injuries made her current work difficult and could reduce her future earnings.
The judge awarded €50,000 for general damages to the date of judgment and €30,000 for effects expected to continue. He assessed future loss of earnings at €115,062 before applying a 40 per cent deduction for contingencies, leaving €69,037.20. In setting that deduction, he referred to the continuing effects of measures to control COVID-19 and pressures on retail, including growth in online shopping.
Special damages were assessed at €40,372.30, comprising €21,828.42 in net past earnings losses after deducting social welfare, and €18,543.88 in agreed medical expenses. The total award was €189,409.50.
The judgment did not make consequential orders, including on costs. As it was delivered electronically, the parties were given 14 days to make submissions on those matters.