Posted: April 8th, 2016
The High Court of Dublin, earlier this week, heard the case of a man who lost two of his fingers in an industrial saw accident.
Antoni Jamroziewicz – aged fifty-two, living in Limerick but originally from Poland – was working as a carpenter on the contraction of the Limerick Tunnel on 28th April 2008 when the accident occurs. Antoni fell when he was cutting a length of timer from a longer plank, and his hand was caught in the saw, severing two of his left fingers.
Despite their best efforts, doctors were not able to repair the damage to Atoni’s fingers. The physical and psychological trauma of the injury caused Antoni to start drinking heavily, and he found it difficult to find work after the accident. His injury affected his professional confidence and capabilities, and he also began to struggle in social situations.
Antoni sought legal counsel before proceeding to make a claim for compensation against the recruitment agency, O’Neill Brennan Ltd, and the German contractor Strabag International GmbH. In the claim, Antoni alleged that the surface on which he was working with the industrial saw was unsafe because it wasn’t level, but both defendants denied these claims. The case proceeded to the High Court, where it was heard earlier this week.
The court heard from Antoni that the accident happened because he had stumbled on an uneven surface, leading to his hand entering the industrial saw. However, this was disputed by both of the defendants, who testified that the saw as on a level surface. They argued that Antoni had probably caused his injury himself by acting negligently and placing his hand too close to the saw.
It was also argued by the defence that, as Antoni was an experienced carpenter, he should have ensured that the area was safe and level by placing a plywood sheet under the saw before use. Antoni’s lawyers counter-argued that, because the saw was already in place, it wasn’t Antoni’s responsibility to set it up and ensure it was safe.
The case is due to continue later this month.
Categories: Pedestrian Accidents