A claim for a back injury due to bad working conditions has been resolved at the High Court with an award of €415,000 compensation being made to the plaintiff.
In early 2011, Mohammed Ali Saleh worked on the pluck station at the Moyvalley Meats factory in County Kildare. While at work on 11th January, Mohammed felt a sharp pain in his back as he twisted to put meat from a dead animal onto a hook. Mohammed sought medical advice and an examination revealed that he had suffered a prolapse disc.
An MRI scan showed that Mohammed needed urgent decompression treatment but, despite twice undergoing surgery, he was diagnosed with failed bad syndrome and is no longer able to work. Mohammed now suffers from persistent pain in his back and legs, has an associated foot weakness, and can only walk with the assistance of crutches.
Mohammed – who has an address in Mullingar, County Westmeath – made a claim for a back injury due to bad working conditions against his employers – Moyvalley Meats Ireland Limited. In his legal action, Mohammed claimed that he had not been adequately trained to perform his duties and that there was no safe system of working that avoided the twisting manoeuvre responsible for his back injury.
Moyvalley Meats contested the claim for a back injury due to bad working conditions and Mohammed was given an authorisation by the Injuries Board to pursue his claim for compensation through the court system. His claim was heard in the High Court last week before Mr Justice Kevin Cross.
At the hearing, Moyvalley Meats argued that Mohammed had been given on the job training and that his injury was caused by an existing condition. However, an expert witness contradicted the company´s argument and told Judge Cross that Mohammed´s training had only consisted of watching an operative perform the task for a short period of time. The expert added that no safe system of work had been implemented to avoid the twisting manoeuvre responsible for Mohammed´s back injury.
Judge Cross found in Mohammed´s favour and awarded him €415,000 compensation in settlement of his claim for a back injury due to bad working conditions. The judge said that the size of the compensation settlement reflected Mohammed´s past and future pain and suffering and his future loss of earnings.