As reported in Health & Safety Review, a midwife, who suffered a fractured wrist after slipping on a wet floor, was awarded €48,820 damages by the High Court.
The case, heard in June, concerned Rose v HSE South East Area (High Court, Waterford). The court heard that on the day of the accident, there had been a 'deluge' at lunchtime and rain water leaked through the roof on to the top floor of a hospital. The employee told the court that she slipped on the wet floor and fell on her right side. Her hand took the brunt of the fall, resulting in a hairline fracture to her wrist. The employee's right knee and hip were also sore.
Liability was not contested and the case came before the court to assess damages.
Awards Awarding damages of €48,820, Mr Justice O’Neill said the employee suffered a nasty fall and a significant fracture injury. He noted she was out of work for three months. As a senior midwife she had to use her hands on a daily basis. Notwithstanding that the injury had healed, she still suffered pain. He awarded €30,000 for past pain and suffering, €15,000 for future pain and suffering, €2,460 for loss of earnings, with minor expenses making up the balance.
The Injuries Board’s Book of Quantum provides for awards of between €22,400 and €61,800 for wrist fractures resulting in significant ongoing incapacity or limitation.
Employers should be wary of employee slips and falls within their business as it could result in a large payout depending on the risk or any injuries incurred as a result.
