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High Court awards a factory operative €128,680 in damages for a back injury sustained while manually handling unsealed fertilizer bags, on the grounds that the employer failed to provide a safe system of work and breached its statutory duty, given the lack of appropriate measures to prevent manual handling injuries; and the court rejects the employer's claim of contributory negligence, affirming that the plaintiff followed the work process as he understood it, without proper training or risk assessment from the employer.
Workplace injury - manual handling - back injury - breach of statutory duty - Safety, Health and Welfare at Work (General Application) Regulations 2007 - contributory negligence - risk assessment - employer's duty of care - personal injuries - damages - loss of earnings - mechanical equipment - manual handling of loads - chronic pain - invalidity pension - Personal Injuries Guidelines - Judicial Council - Family Leave and Miscellaneous Provisions Act 2021 - general damages - special damages - recoverable benefits.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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