A former worker at a sewerage plant has been awarded compensation for slipping at work, though was assigned partial liability.
The accident occurred on the 3rd February 2010, when the man – who was working as a maintenance engineer at the sewerage plant in Co. Tipperary – slipped on sewerage. The sewerage had come from flumes surrounding inlet channels, which had overflown.
The slip left the employee with a back injury that prevented him from returning to work. Though he applied to the Injuries Board Ireland for assessment, the Templemore Town Council – who run the sewerage facility – refused to give consent for an investigation.
As such, the man was given authorisation by the Injuries Board to pursue his claim in court. The liability hearing was held at the High Court in Dublin last week, where Mr Justice Raymond Fullam oversaw proceedings.
Judge Fullam was told that whilst the man worked at the sewerage plant – which has since been decommissioned – he was responsible for cleaning the flumes and ensuring that the paths were safe to walk on.
The judge agreed with representatives of the council, who argued that the employee should take some responsibility for the accident. However, he also accepted that there was a problem with the pumps and that there was not sufficient time to clear the path.
In the end, the employee was awarded a €70,000 settlement for his work injury. However, this was reduced by 40% after the judge assigned contributory negligence to the former maintenance engineer, resulting in a final settlement of €47,400.