A hotel worker in Kilkenny has been awarded €50,000 in a high court decision as she was injured when the door of the room she was cleaning slammed shut on her little finger as she tried to remove a door stopper.
She was in the process of removing the stopper when it slammed shut causing part of her little finger to be amputated, which could not be reattached. The employee was pregnant at the time and so could not take pain killers to ease any discomfort.
The case of Antoszczyk -v- Gatehalf Ltd. t/a The Rivercourt Hotel (High Court, March 2013) was based on the fact that employer had
- Failed to provide her with a safe place to work;
- Failed to provide her with a safe system of work;
- Failed to train her to safely remove the door stops given the doors weight, force and speed at which it closed;
- Failed to provide her with a co-worker to deal with the removal of the stoppers as she was pregnant.
The employer in this case argued that the employee contributed to their injuries and had placed her hand in a dangerous position while removing the stopper. the employer also argued that the employee failed to have regard to her previous experience of carrying out this task.
The employer was held to be negligent in this case and the claim for contributory negligence was dismissed by Mr. Justice O'Neill, and he awarded the employee €50,000.
Employers should be aware that according to the Injuries board book of Quantum an injury of this sort can see awards in the region of €23,200 to €50,800,
