A farm worker was awarded €37,536.75 in damages after the Circuit Court found that the way she was required to work caused soft tissue overloading and overuse affecting her right shoulder, neck and right upper limb.
Judge Jennifer O’Brien delivered judgment on 19 July 2024 in Dorota Rejnin’s personal injuries claim against Keelings Softfruits Unlimited Company and William P. Keeling & Sons Unlimited Company. The court record identifies the matter as Dublin Circuit Civil Court County of the City of Dublin, record number 2020/02996, neutral citation [2024] IECC 9.
Rejnin alleged that repetitive planting and harvesting work required her to keep her arms above shoulder height, sometimes for long hours, while meeting piece-rate targets. She said the work caused pain in her neck, cervical spine, right shoulder and right arm. The defendants denied liability and alleged contributory negligence, including that she had not complained and had not followed manual-handling training.
The court accepted Rejnin’s account of her working conditions and found there was no evidence of adequate supervision to ensure she followed the relevant guidelines. Although equipment such as trolleys was available, the judge said there was no evidence that Rejnin had in fact worked in a different way from the one she described.
The judgment records that Rejnin’s symptoms began before 2017, with the timing described differently in her discovery materials and evidence. She left the job in April 2017 after being diagnosed with a brain tumour. The court noted that a second tumour and other medical issues were not the defendants’ fault. Medical evidence also referred to age-related degeneration and the likely contribution of her left hemisphere tumour to later weakness and neurological symptoms. The judge concluded that the work-related soft tissue injury was superimposed on those other conditions.
The court reduced the shoulder award to €22,000 in light of pre-existing and later complications, and awarded €15,200 for neck pain, reduced from the €30,400 claimed. It also awarded agreed special damages of €336.75, bringing total damages to €37,536.75. The defendants were ordered to pay Rejnin’s costs, including reserved and discovery costs, to be taxed if not agreed.