The High Court awarded John Gardiner €675,116.72 after finding that injuries from a 2012 workplace accident left him unable to return to work and caused continuing physical and psychological problems.
Mr Gardiner was struck by a load of metal items that fell from a crane while he was working at Zinc Processors Limited’s galvanising plant in Dronbanna, Co Limerick. The company did not contest liability. He suffered multiple fractures, chest injuries and shoulder damage, and spent 10 days in hospital.
He returned to the company in August 2013 in a quality-control role. He stopped working in February 2015. The company disputed that his injuries justified leaving, noting that the role was light work and that no doctor had specifically advised him to stop. The court accepted that pain and dissatisfaction with the role were among the factors, but found that psychiatric difficulties were the main reason. Loud noises, the accident site and witnessing two further workplace accidents caused intense anxiety and post-traumatic symptoms. The judge concluded that leaving was reasonable and that his inability to work thereafter resulted from the psychiatric injury.
The court found that Mr Gardiner could manage light or medium physical work, but was unlikely to secure suitable employment given his age, physical limitations and lack of educational qualifications. It concluded that he was unlikely to work again before reaching 67. The judgment also accepted evidence of continuing neck, back and shoulder pain, accident-related late-onset asthma and ongoing psychological symptoms. It noted that he could no longer pursue fly fishing.
The award included €140,000 for pain and suffering and loss of amenity to the date of judgment and €95,000 for continuing pain and disability. The court allowed agreed past medical and treatment expenses of €11,750 and net past earnings loss of €47,918.40. It also awarded €211,580 for future earnings loss, €105,549 for future medical treatment and medication, €4,860 for future GP fees, and €25,000 for future household repair and decoration work.
The judge allowed €27,459.32 for care during the first period after the accident and recovery before Mr Gardiner returned to work. The court rejected the later claim for 10 hours of care per week, finding that his light job and physical capacity did not support that level of assistance. It also refused €16,999.12 for alterations to his home, finding that the injuries did not establish a need for ground-floor accommodation. No award was made for future care costs because the treating doctors had not said he would need domestic or personal assistance.