Claims News

Childcare Worker Injury Claim Settled during Hearing

Posted on: January 21st, 2017

A woman, who suffered a back injury when tripping in a Dublin creche, has settled her childcare worker injury claim during a hearing to determine liability.

In January 2015, the woman – a 26-year-old employee of the Precious Minds creche in Dublin – was asked by a manager to help her change nappies in the babies room. As she was looking after a group of one and two year old children in another room, the woman had to take two of the children in her care with her while the others slept.

When her manager left the babies room to attend to other business, the childcare worker was left looking after nine children – three of whom were asleep and six of whom were awake. Shortly after, as she went to help one of the children, the childcare worker tripped over a plastic plate on the floor, and fell – injuring her back.

The woman was diagnosed with soft tissue injuries to her lower back by her GP, and has since had to consider a change of career because of the ongoing pain. She attempted to make a childcare worker injury claim through the Injuries Board, but the Precious Minds creche denied liability for her injury and her case was heard at the Circuit Civil Court.

At the hearing before Judge Brian O´Callaghan, the woman claimed that the creche had failed to have regard for her safety on the day of the accident because the child/adult ratio was too high. Her childcare worker injury claim was supported by evidence from a forensic engineer, who testified that the woman had been placed in an unduly stressful situation.

The childcare worker injury claim was contested by the creche, who argued that their former employee was the author of her own misfortune by failing to look where she was going. It was also alleged that the woman´s duties included keeping the floor clear for the safety of the children. However, following a brief adjournment, Judge O´Callaghan was told that the childcare worker injury claim had been settled by negotiation for an undisclosed amount without an admission of liability.



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