Bus Depot Falls results in €69,000 Compensation Award for Bus Éireann Employee

by | Oct 2, 2020

At the High Court €69,000 work injury compensation has been awarded to a Bus Éireann employee who suffered an injury in an accident at a bus depot.

The work in question, Mark Seery, fell over a ground brake bar that was put in place to being buses to a halt. 51-year-old Mr Seery from Cloonlara Drive, Finglas, Co Dublin took the work accident compensation claim against Bus Éireann in relation to the accident that took place at around 3.45am on April 24, 2016 at Broadstone bus garage.

During the hearing Justice Cross said that he believed the testimony provided by Mr Seery’s engineer that the ground brake bar represented a significant trip hazard. This hazard was removed from its position following Mr Seery’s incident and replaced with bollards.

Working as a lead hand engineering operative with Bus Éireann, Mr Seery informed  the court he had parked a bus in a bay at the depot and was returning to move another bus when he fell. As it was night time the area was dark and there were no lights on. The court was informed that sensor lighting has since been put in place at the depot bay area. He said: “I tripped and fell against the wheel brace of another bus.”

He went on say that he has not ha a day without pain since the accident. he attended his GP for soem treatment due to pain in the hip and numbness in his leg and was later diagnosed with chronic pain. He commented: “The pain never went away. There is no rhyme or reason to why pain strikes or eases off. I have been told this is the way it is going to be.”

In the legal action submitted Mr Seery stated that there was an alleged failure to provide and maintain any adequate lighting in the area of the metal bar and the location of the metal bar was hidden by the shadows cast by buses parked nearby – as a result of this there was inadequate lighting.

Bus Éireann refuted the claims and alleged that there was an element of contributory negligence on the part of Mr Seery due to the fact that he allegedly had not taken ample care to identify any danger in the area. In relation to this Mr Justice Cross said that Bus Éireann were operation a workplace that essentially required Mr Seery to work in the dark. “He was going about his task to get another bus . I don’t believe he can be faulted for contributory negligence.”

Delivering his judgement Mr Justice Cross said it is probable that Mr Seery will continue to suffer some pain for the remainder of his life and and he (Mr Seery) is to be congratulated for his diligence in continuing to work. Justice Cross said that he found Mr Seery to be a truthful defendant and added “it is to his credit that he is no complainer and gets on with his work.”

The overall amount of workplace compensation awarded to Mr Seery was €69,725 and included more than €24,000 in special damages.

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