Posted: April 8th, 2016
The case of a man who lost two fingers in an industrial saw accident was heard earlier this week in the High Court of Dublin.
The accident occurred on the 28th April 2008, when a fifty-two year-old carpenter, Antoni Jamroziewicz, was working on the construction of the Limerick Tunnel. Antoni, who is a native of Poland now living in Limerick, fell as he was cutting timber using an industrial saw, causing his hand to enter the saw and losing two of his fingers.
Surgeons were, regrettably, unable to reattach the parts of Antoni’s fingers that had been severed. This, as well as the psychological trauma inflicted upon him on the day, lead to Antoni drinking in excess. As he struggled to find work after the accident, his confidence fell and his professional and social life were negatively affected.
After his accident, Antoni sought legal advice before proceeding to make a claim for compensation agains O’Neill Brennan Ltd, a recruitment agency, and Strabag International GmbH, a German contractor. Antoni claimed that the surface where he was working with the industrial saw was uneven, causing him to lose his balance. As the defendants denied any of the allegations, the case proceeded to the High Court.
Antoni gave evidence at the court of how he had stumbled on the uneven surface where he was working, causing him to fall and for his hand to enter the saw. However, this was contested by the defendants, who claimed that the area in which Antoni was working was level, and that he had probably caused his own injury by acting negligently and putting his hand too close to the saw.
The defendants argued that, as an experienced carpenter, Antoni should have know that if he had doubts about the evenness of the surface, he could have levelled the surface by working on a plywood sheet. However, Antoni’s lawyers argued that the onus was not on Antoni to ensure the area was safe because the saw was already set up for his use.
The case is due to continue later this month.
Categories: Accident at Work Compensation