When accidents occur, they often bring inevitable upheaval to everyday life. At HOMS Assist, we deeply understand the physical, emotional and financial toll such incidents take. Our recent success in helping former Limerick hurler Mark Keane secure a life-changing €944,074.46 court award is a testament to our dedication to accident victims.
This blog will share key details of this landmark case and offer insights for accident victims seeking justice for workplace injuries.
The Turning Point in Mark Keane’s Story
On 10 September 2018, at Johnson & Johnson Vision Care’s plant in Limerick, Mark Keane’s selfless intervention to rescue a colleague trapped in heavy machinery led to severe injuries. Mark, a former Limerick inter-county hurler, acted instinctively to save his colleague but unfortunately suffered long-lasting injuries to his right hand and shoulder, along with severe Post-Traumatic Stress Disorder (PTSD).
The Incident and Immediate Impact
The accident occurred when a faulty safety mechanism caused a machine to trap Mark’s colleague’s hand. Mark, in a courageous act, used his right shoulder to bear the machine’s weight, enabling others to free his colleague. This resulted in significant injuries, including a fractured finger and debilitating pain radiating from his hand to his shoulder.
While Johnson & Johnson admitted liability for the hand injury, they disputed the causation of his shoulder condition and its impact on his ability to work. This dispute became central to the protracted legal battle.
How HOMS Assist Achieved Justice for Mark Keane
Represented by HOMS Assist, Mark brought his case against his employer, citing negligence and breach of duty of care. Johnson & Johnson were found liable for failing to provide a safe working environment and mismanaging post-incident employment reintegration.
The High Court awarded Mark €944,074.46. Here’s how this figure was calculated across multiple categories of damages.
1. General Damages (€135,000)
Reflecting the pain and suffering from injuries and PTSD, the general damages cover both physical and psychological long-term hardships. Mark’s shoulder injury significantly impacts his daily activities, sleep, and overall mental health. The court acknowledged the profound disruption to his life and career.
2. Loss of Earnings
- To Date (€154,605)
The accident rendered Mark unable to return to his role as a process technician. Despite repeated attempts at reintegration within Johnson & Johnson, the employer failed to accommodate his physical limitations, forcing him to rely on social welfare.
- Future Loss (€408,943.50)
Mark’s injuries reduce his earning potential dramatically. Having been destined for career advancement, he now faces a future in less demanding roles with significantly lower salaries.
3. PTSD and Psychological Distress
Post-traumatic psychological damage had perhaps the most profound bearing on Mark’s ability to function both personally and professionally. Diagnosed with severe PTSD, his experience includes flashbacks, social isolation, and emotional withdrawal. HOMS Assist secured recognition for the deep mental scars left by the trauma.
4. Additional Special Damages
The remaining awarded amounts included miscellaneous special damages and out of pocket expenses (€24,567.96), future medical expenses for pain management procedures (€11,858), pension losses (€141,780), and future loss of employer-paid health insurance coverage (€67,320), ensuring Mark’s ongoing care and financial stability.
Lessons for Accident Victims
HOMS Assist’s success in Mark’s case reinforces several critical takeaways for accident victims seeking redress.
1. Act Promptly and Seek Legal Support
Workplace incidents should be reported immediately, and professional legal advice is essential to understand your rights and options.
2. Document Injuries and Incidents Thoroughly
Medical reports and documentation play a crucial role in establishing the links between workplace incidents and injuries, as showcased in Mark’s case.
3. Choose a Legal Team That Cares
Mark’s case needed meticulous legal strategy and emotional sensitivity. Our professional yet empathetic approach reassured Mark during what was undoubtedly one of the most challenging periods of his life.
Supporting Accident Victims
If you or a loved one have been victimised by a workplace incident, know that justice is possible. At HOMS Assist, we offer compassionate guidance, expert legal representation, and total commitment to helping accident victims achieve fair outcomes.
Mark’s victory not only highlights the justice system’s capacity for accountability but also serves as hope for countless others on a similarly challenging road.
For advice tailored to your unique situation, don’t hesitate to get in touch with our team today.
