Posted: November 1st, 2018
A factory employee who fell to the ground and sustained a severe ankle injury when he tried to move a trapped bin has been awarded €224,000 factory injury compensation at the High Court.
Tomasz Zdejszy was working at a waste collection business when he sustained permanent damage to his ankle. He dropped nine feet to the ground on April 2012 at the business park in Blanchardstown, Dublin 15 when the accident occurred.
While passing judgement Justice Michael Hanna said that the 37-year-old man had mounted a waste paper container to try and release a bin by kicking it. The Judge said that Mr Zdejszy had started to climb down from the position due to becoming wary of the height. At this point a colleague passed him a metal bar to help with dislodging the bin.
In his factory injury compensation action against his employer Stewart Foil Ltd, Tomasz alleged that there had been a failure to ensure the safe and proper removal of an obstacle to waste collection without the need for Mr Zdejszy to work at a dangerous height.
In his compensation action taken against Panda Waste Services, he alleged that he was required to remove or move a rubbish bin on a waste container while operating at a height. He also claimed that he was provided an inappropriate implement, a metal bar, to do this.
Justice Hanna found there was twenty per cent contributory negligence on the part of Mr Zdejszy as he did not use sufficient care in relation to his own safety. He ruled that Stewart Foil Ltd were 66% to blame and Panda Waste Services 33% in relation to the accident.
Judge Hanna informed the High Court that Mr Zdejszy had sustained a typical injury for this type of fall, with a severe break of the right side of his foot, reaching into his ankle joint. This fracture led to him developing arthritis on the joint, which needed surgical fusion. Mr Zdejszy experienced permanent loss of movement in his ankle, a loss of heel height of around one an inch on the injured side and has been left suffering ongoing pain.