Damages awarded to employee injured after falling from scaffolding

Personal injuries – assessment of damages - injured man fell from scaffolding in the course of his employment - employed as a general handyman/maintenance man - cutting ivy from the upper portion of the house - liability is not in issue – claimed to have suffered severe soft tissue injuries to his neck, right shoulder, lower back, right hip and right leg, a wedge fracture of the T11 vertebra – further claims he has suffered from Post Traumatic Stress Disorder and depression - walks with a limp and uses a crutch to help him get around – employer argued that there was no structural damage to his spine - inconsistent findings on examination by various doctors – argued that the injuries are somewhat psychosomatic in nature – argued that the injured man has not actively engaged in any rehabilitation programme - account of his injuries - brother and sister gave evidence that he had become withdrawn – medical evidence - substantial difference of opinion – Court preferred the evidence of the injured man’s doctor – Court satisfied that he suffered a significant injury as a result of this accident - unfortunate that it is only late in the day that someone has taken responsibility for putting in place a rehabilitation programme – Court satisfied that his pain is genuine – Court satisfied that he is indeed suffering from PTSD and depression – determined that he has not deliberately tried to exaggerate his symptoms – Court assesses the general damages to date in the sum of €60,000 – awards general €40,000 for damages for the future - special damages - €14,268.50 as loss of earnings in the period from the date of the accident until November 2014 - €48,278.00 for the period from November 2014 until November 2016 - the sum for future loss of earnings after November 2016 awarded was €40,057.00 - claim for loss of accommodation – claimed that as a result of this accident, he has lost these benefits for the rest of his life - on the balance of probabilities, if he had not suffered his accident he would in all likelihood have been kept on by the new owners – Court awarded €91,408.00 for the loss of future accommodation and utilities – employer disputed €3,720.00 has been paid as treatment fees to unqualified individual – Court of the view that these payments were justified - agreed special damages in the sum of €7,500.00.