Binman awarded €224k for fall which broke his ankle

A WORKER in a waste collection business suffered permanent damage to his ankle after falling nine feet to the ground while trying to free a trapped bin, the High Court has heard.

Judge Michael Hanna awarded Tomasz Zdejszy just over €224,000 in compensation for his accident in April 2012 at the business park in Blanchardstown, Dublin 15. Giving judgment, he said the 37-yearold had climbed on top of a waste paper container, and, from his ‘precarious perch’, had tried to kick free a bin which had become stuck. He said Mr Zdejszy had become fearful about the height at which he was working, and had begun to dismount from the container. But he said another worker told him to stay up there, and handed him a metal bar to dislodge the wedged bin.

‘It was when he was using the bar that the plaintiff fell and suffered his injuries,’ Judge Hanna said.

Mr Zdejszy, of Castlecurragh Heath, Mulhuddart, had sued his employer, Stewart Foil Ltd of Rosemount Business Park, Blanchardstown, and Panda Waste Services Ltd, which controlled the collection business operated at Stewart Foil’s premises.

He claimed through his counsel, Ronan Dolan SC, that Stewart Foil had failed to give him a safe way to remove a bin at a height, which Mr Zdejszy was required to do in order for Panda to collect the waste paper container and unload the waste.

It was alleged that a forklift could have been used to remove the stuck bin instead. Mr Zdejszy fell over two metres to the ground, landing on his feet.

Judge Hanna said he suffered a classic injury for such a fall, with a severe fracture of the right side of his foot, extending into his ankle joint. The fracture led to arthritis in his joint, which required surgical fusion. He suffered permanent loss of movement in his ankle, a loss of heel height of around an inch on the injured side and had been left in ongoing pain.

Judge Hanna ruled that Stewart Foil was two thirds responsible for the accident, and Panda was one third responsible. But he said the plaintiff was also in part to blame for his fall, as he did not take sufficient care for his own safety.