Success Stories: HOMS Assist Secures Substantial Personal Injury Settlement for Delivery Driver

HOMS Assist is pleased to announce another successful resolution for one of our many personal injury clients. Over a number of decades, we’ve helped thousands of people to secure significant personal injury compensation for injury or illness arising from workplace accidents or incidents. These range from simple slips, trips and falls all the way to serious events causing acute and ongoing suffering. Whatever the circumstances, and however complex the situation, our team at HOMS Assist is tenacious in their pursuit of a resolution that brings care and comfort to our clients.

Proven processes

While injuries can occur anywhere, accidents at work are especially common. In the most recent figures available, 8,279 non-fatal injuries in the workplace were reported to the Irish Health and Safety Authority (HSA) in 2021. 

In this particular case, a delivery driver for a well-known Irish supermarket chain suffered serious personal injuries as a result of an unsafe system of work and insufficient manual handling training. These injuries required a number of surgeries to his neck and back, leading to a long-term negative impact on his life and capacity to work. 

As normal, the matter was originally submitted to the Personal Injuries Resolution Board (PIAB). While many cases are concluded by PIAB, in some circumstances they will need to refer the case to the courts for further review. This is what happened in these circumstances, when they were unable to assess the injury due to the complexity of the injuries involved. Instead, they issued an authorisation which allowed HOMS Assist to move forward to court proceedings. 

Led by Sean Fitzgerald, partner, the team at HOMS Assist issued a robust High Court personal injury summons on behalf of our client which included a claim for pain and suffering, loss of earnings, and future care.


Client-led care

This involved significant preparatory work in terms of medical reports, specialist opinions and estimates of the cost of ongoing care. When all of this information was collated, an actuary was required to calculate a total figure, or value of the claim. 

While this can be painstaking and time-consuming, it’s an extremely important part of the claim process. In cases such as this, where there are long-term effects involved, it’s vital that we work to protect the client’s interests and safeguard his or her future.

In addition, it was important to the client that the matter was settled without having to give evidence in open court. There are many reasons why clients feel this way, including concern about existing employee/employer relationships and the risk of undergoing additional stress during their recovery from injuries. As HOMS Assist is client-led in their care, securing the resolution our client needed along with the confidentiality he desired was our ultimate goal.

Expert advice

If you’ve experienced an illness, accident, or incident at work, don’t delay speaking to a personal injury solicitor. There is a strict time limit involved in making personal injury claims, defined by the Statute of Limitations. Usually, a person has two years less one day from the date of knowledge (not the date of the accident) of their injury to bring a personal injury claim forward.

This two-year period is strictly enforced, but there are certain exceptions. This can be especially relevant when it comes to accidents at work, and these can lead to injuries that emerge slowly over time, even many years from the date of the event. Some examples might include breathing difficulties as a result of inhaling chemical fumes or hearing impairment as a consequence of extreme noise.

For more information, read our guide to personal injury claims, or get in touch with our team at 1800 207 207  or via our online form. HOMS Assist have unrivalled expertise in dealing with personal injuries arising out of workplace accidents. With over 50 years of expert legal experience  advising clients from every industry, sector and field, we’re the experts you need to guide you through the process. Just as we offered the delivery driver in this case, we will be there for you with confidential, impartial advice and long-term, client-centred care.

Get in touch

Nationwide services with dedicated offices in


2-4 Ely Place, Dublin 2, D02 FR58


Bishopsgate, Henry Street, Limerick, V94 K5R6


1A South Mall, Cork, T12 PV44

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We are an award winning, client-oriented law firm in Dublin, Limerick and Cork. Our solicitors provide comprehensive legal advice in an approachable and caring manner. Most of us will require a solicitor at some time in our lives. When the time comes that you do require legal support you will want to be sure that you are dealing with professionals who will work quickly and efficiently to help you. So whether you need help writing a Will, you have been in an accident, suffered an injury or illness that was not your fault, or you are looking at divorce options, we can offer clear guidance and representation to assist you in obtaining the optimum result.

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