The High Court has found that a former cleaner’s personal-injury claim over hand dermatitis was brought within the limitation period. Ms Justice Nuala Jackson ruled that the employer’s admitted breaches of duty caused the injury and awarded €17,500 in general damages. The court left the final calculation of lost earnings and any costs application for a further short hearing.
Luiza Kepa worked for Noonan Services Group Limited as a cleaner from about 2008 until she left in about January 2019. The parties accepted that she developed hand irritant contact dermatitis while employed in a factory. She said she regularly used strong cleaning chemicals and that the gloves supplied were inadequate and often split. The company admitted breach of duty during the hearing, but disputed causation, the amount of damages and whether the claim was out of time.
The company argued that Ms Kepa knew of her injury by late 2016, making her April 2019 application to the Injuries Board too late. The judge found that Ms Kepa had some redness, dryness and soreness from late 2016, but that the symptoms worsened during 2017. She found that Ms Kepa did not know the injury was significant before summer 2017 and could not reasonably be expected to have that knowledge earlier. The claim was therefore not statute-barred.
The judge also found a clear causal link between the employer’s admitted breaches and Ms Kepa’s injuries. She assessed the dermatitis as moderately intense, at the upper end of that category, and found that Ms Kepa could have resumed suitable employment by January 2021. While the condition had caused ongoing problems, the judge considered the evidence of its effect on family life and work opportunities unsatisfactory. She expected a full recovery with treatment.
The €17,500 award covers general damages. The parties had agreed special damages of €1,072 for medical expenses and €350 for travel. The court was also given lost-earnings figures of €24,398.40 for 2019 and €25,438.40 for 2020, from which €5,055.71 in Polish shop income must be deducted. The judge listed the case for a further short hearing to calculate the deductions accurately and hear any costs application. She also noted that the relevant period for social-welfare deductions was 2019 and 2020.