The Supreme Court has increased the general damages awarded to a former quarry worker from €50,000 to €80,000, after finding that responsibility for the workplace accident in which he was injured rested entirely with his employer.
In a decision issued on Thursday, the court upheld the worker’s appeal and dismissed the cross-appeal filed by the employer. It also awarded him €15,000 for loss of earning capacity.
The appellant, a mechanic and welder, was injured in December 2010 while carrying out work assigned by his employer, a company involved in quarrying operations. He later brought a civil action against the company, claiming damages on the grounds that it bore sole responsibility for the accident.
The first-instance court had found the employer liable, but also held that the worker was 30 per cent contributorily negligent. It awarded €50,000 in general damages, with interest from the filing of the statement of claim, and rejected the claim for compensation over reduced earning capacity.
The Supreme Court took a different view on liability. It noted that the worker had been carrying out duties assigned by the employer when another employee mistakenly activated a conveyor belt, causing the appellant and a colleague to fall into a stone collection pit.
The court found that the appellant had not breached his duty to protect himself and concluded that liability for the accident rested fully with the employer.
On damages, the court noted that the worker was 54 at the time of the accident and suffered a dislocation of the right shoulder and a fracture of the greater tuberosity of the humerus. He underwent three surgical operations and was left with pain, difficulties and permanent after-effects.
Taking into account the pain and suffering he endured, the lasting consequences of the injury and the reduced value of money over time, the Supreme Court found that the €50,000 initially awarded was clearly inadequate. It ruled that €80,000 was a fair and reasonable amount in general damages.
The court also found that, because of his injuries and permanent limitations, the appellant was at a disadvantage in the labour market. Considering his income and the fact that he was about 56 when dismissed by the employer, it awarded €15,000 for loss of earning capacity.
The Supreme Court further ruled that the €80,000 in general damages should carry legal interest from the date of the accident, December 9, 2010, until full payment.
The €15,000 awarded for reduced earning capacity will carry legal interest from the date of the first-instance judgment, July 13, 2017, until payment.
Source: CNA
