Construction worker severely injured when digger reversed into him awarded €195,000

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 €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 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 Mr Kapuscinski was still complaining of significant pain and another report from an August 2020 review referred to him as having sustained a serious and severe crush injury.

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The 58-year-old from Waterville, Blanchardstown, Dublin had sued his employer at the time JPA Top Builders Ltd with registered offices at Griffeen Glen Close, Lucan, Co Dublin as a result of the accident at a construction site at Farrenboley Park, Dundrum, Dublin on January 23rd, 2019.

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

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

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

He was in hospital for three days and had to wear an orthopaedic boot for a number of months afterward.

The judge said she was satisfied the injury sustained was in the category of moderate to severe. She awarded €120,000 in general damages along with special damages of €75,000. The judge also took into account the value of certain illness-related benefits already paid out which will be deducted from the total figure.