The Castolin Eutectic manufacturing plant in Dublin has been found negligent in a factory back injury compensation claim heard recently at the High Court.
In March 2012, twenty-four year old Daniel Hanley from Stoneybatter in Dublin was pushing a pallet truck at the Castolin Eutectic manufacturing plant in the Magna Business Park, when he slipped and fell. Daniel injured his back in the accident and was taken to hospital for treatment. Due to a severe soft tissue injury – which Daniel still suffers from – he was unable to work for six weeks.
Daniel made a factory back injury compensation claim to the Injuries Board – alleging that he had slipped on an accumulation of graphite that had been left on the floor. Daniel claimed that the floor surface was not fit and suitable for purpose, and that his employer had been negligent by failing to implement a safe system of work.
Castolin Eutectic denied it was responsible for Daniel´s injury, and declined to consent to an Injuries Board assessment. Daniel was consequently issued with an authorisation to pursue his factory back injury compensation claim through the courts system, and his case was heard recently by Mr Justice Kevin Cross at the High Court.
At the hearing, Judge Cross heard testimony that there had been a number of slips and falls due to graphite spills in the period leading up to Daniel´s accident. Despite Castolin Eutectic arguing that Daniel´s back injury was due to his own negligence, the judge also heard that safety measures that had been suggested to the company´s management to prevent further accident had not been put in place.
Judge Cross commented there was no suggestion that Daniel had been doing anything wrong or had contributed to the cause of his accident. Based on the testimonies he had heard, the judge said it was likely that there was a small amount of graphite on the floor at the time and he found Castolin Eutectic negligent in Daniel´s factory back injury compensation claim. Judge Cross awarded Daniel €46,000 compensation.