Construction worker who suffered crush injury awarded €195,000

High Court reporters

A construction worker who suffered a severe crush injury to his leg when a digger on a building site reversed into him has been awarded a total of €195,000 by the High Court.

Marek Kapuscinski was moving bags of rubbish on the building site when the digger reversed and collided with him, and he suffered multiple fractures to his right foot.

Making the award, Ms Justice Emily Egan noted that the man later had to have open reduction surgery, and 13 screws and two plates were inserted in his right leg.

The judge said medical reports from eight months after the accident showed that Mr Kapuscinski was still complaining of significant pain, and another report from an August 2020 review referred to Mr Kapuscinski having sustained a serious and severe crush injury.

Marek Kapuscinski (58), of Waterville, Blanchardstown, Dublin, had sued his employer at the time, JPA Top Builders Ltd, with ed offices at Griffeen Glen Close, Lucan, Co Dublin, as a result of the accident at a construction site at Farrenboley Park, Dundrum, Co Dublin on January 23rd, 2019.

At the outset of the hearing, Mr Kapuscinski’s counsel, John Nolan BL told the court that the case was for assessment of damages only, as judgement had previously been granted in default of appearance.

In the proceedings, it was claimed that as he worked moving bags containing rubbish, the digger suddenly and without warning reversed and collided with Mr Kapuscinski.

It was claimed there was a failure to take any reasonable steps or precautions for Mr Kapuscinski’s safety and that he had been exposed to a risk of damage or injury of which they knew or ought to have known.

It was further claimed there was a failure to see or heed the presence of the worker and a failure to give any signal or warning of the driving of the vehicle.

Mr Kapuscinski was taken to hospital where X-rays showed he had fractures around the ankle bone area and another fracture in the heel bone area.

In her ruling, Ms Justice Egan noted Mr Kapuscinski had to have surgery and have the screws and plates inserted, and he was in hospital for three days. He also had to wear an orthopaedic boot for a number of months afterwards.

The judge said she was satisfied the injury sustained was in the category of moderate to severe, noting Mr Kapuscinski sustained a number of fractures.

She awarded €120,000 in general damages, along with special damages of €75,000.

The judge also took into the value of certain illness related benefits already paid out, which will be deducted from the total figure.