Suffered a Personal Injury

On 29th August 2015, the tragic Thomond Bridge incident in Limerick shook the community and highlighted critical workplace safety issues. Bryan Whelan, a skilled stonemason, and his colleague T.J. O’Herlihy lost their lives when a maintenance cage they were in plunged into the River Shannon due to a crane’s steel cable snapping. Another colleague narrowly escaped the disaster. Subsequent investigations uncovered significant safety lapses, including failures in equipment maintenance and critical safety mechanisms.

For nearly ten years following the tragedy, the Whelan family endured a prolonged legal battle seeking justice for Bryan. They were represented by Seán Fitzgerald, Partner at HOMS Assist Solicitors, who ensured their case brought attention to workplace safety and corporate accountability.

The Challenges 

Navigating a personal injury case of this magnitude required resilience, meticulous investigation, and expert legal representation.

Corporate Negligence: Despite clear safety lapses, holding companies accountable proved to be a long and complex process. This included criminal prosecutions against Palfinger Ireland Ltd. and Nationwide Crane Hire, which resulted in significant fines (€25,000 and €200,000, respectively). 

Delayed Justice: The Whelan family faced emotional struggles compounded by the years-long delay in resolution, amplifying their grief. 

Changing Standards: The case raised critical questions about the adequacy of workplace safety regulations and compliance measures. 

Key Outcomes 

The settlement achieved by HOMS Assist Solicitors in the High Court was more than just a legal victory—it provided some degree of closure for the Whelan family.

Broader Implications 

This case’s impact goes beyond a single family. It has set a precedent for workplace safety vigilance and accountability across Ireland.

Raising Awareness: The case has become a stark reminder for businesses, urging them to prioritise robust safety measures in high-risk environments. 

Legal Accountability: The penalties imposed have signalled to organisations the importance of maintaining safety standards to protect their workforce. 

Family and Community Impact 

Bryan Whelan was a beloved stonemason and a spirited individual. His tragic death not only impacted his family and friends but inspired the community to advocate for change. His parents’ resilience throughout nearly a decade of legal proceedings exemplified the emotional toll such battles take on families of workplace accident victims. Their courageous pursuit of justice serves as a reminder of the critical human dimension to these tragedies.

Lessons and Insights 

For victims of workplace accidents and their families, this case offers essential takeaways:

Do Not Hesitate to Seek Justice: Proving accountability can take time, but expert legal representation ensures the pursuit of justice is steadfast and comprehensive. 

Workplace Safety is Non-Negotiable: Employers must prioritise regular maintenance and proactive safety measures to prevent tragedies. 

Empathy and Expertise Matter: Your legal team must not only be skilled but empathetic to support families through challenging times. 

A Call to Action for Safer Workplaces 

The Thomond Bridge tragedy has left an indelible mark, illustrating the vital need for safer work environments. Families like the Whelans remind us of the strength it takes to pursue justice against negligence, while the case itself underscores the importance of accountability in the workplace.

At HOMS Assist Solicitors, we are committed to supporting personal injury claimants and their families with compassion and professionalism throughout the legal process. Our team ensures no case is overlooked, no loss is forgotten, and justice is pursued relentlessly.

If you or someone you know has been affected by a workplace accident, do not wait to seek advice. Contact HOMS Assist Solicitors today for expert guidance and support in navigating your legal rights.

Overview

On 29th August 2015, a tragic workplace accident occurred at Thomond Bridge in Limerick City. Paul Murphy, employed by Paul Mulcair Limited, alongside his colleagues, was performing bridge repairs when a crane’s man cage malfunctioned, causing it to plummet into the River Shannon. While Mr Murphy narrowly escaped with his life, his colleagues, TJ O’Herlihy and Bryan Whelan, tragically perished. Mr Murphy sustained severe physical injuries and was left with lifelong psychological trauma, including post-traumatic stress disorder (PTSD).

The Challenge 

Workplace accidents not only impact physical and emotional wellbeing but can also leave victims and their families navigating complex legal and emotional challenges. For Mr Murphy, achieving justice meant holding the responsible parties accountable for breaches of workplace safety, ensuring no other families endure similar heartbreak in future. 
This case presented significant legal complexities. The parties involved included multiple employers and contractors, with various safety measures brought into question. Furthermore, the pursuit of justice required navigating criminal proceedings in addition to seeking a civil settlement. 

Our Approach 

At HOMS Assist, our priority is ensuring that victims receive the support they need to achieve justice and closure. Representing Mr Murphy, Partner Robert Bourke, along with the legal team, employed a compassionate, systematic approach to the case. 

Thorough Investigation: We conducted an in-depth analysis of the accident and its causes, examining all aspects of workplace safety, maintenance protocols, and equipment functionality. 

Collaboration: Our team worked closely with experts in workplace safety to build a robust case, ensuring no detail was overlooked. 

Advocacy and Representation: Representing Mr Murphy in Dublin High Court, we held multiple parties accountable, including Paul Mulcair Limited, Gaelach Droichead Limited, Nationwide Crane Hire Limited, and others. 

Support: Beyond legal work, we supported Mr Murphy through the psychological toll of reliving the tragic events during the proceedings. 

The Outcome 

After years of dedicated efforts, HOMS Assist reached a significant legal settlement in Dublin High Court. While the settlement cannot undo the tragedy, it marked an important milestone in Mr Murphy’s pursuit of justice for himself and his late colleagues. 
Criminal proceedings had previously resulted in fines for both Palfinger Ireland Limited and Nationwide Crane Hire Limited for breaches of the Health and Safety at Work Act. These outcomes further highlight the need for strict adherence to workplace safety regulations. 

Client Perspective 

Mr Murphy expressed both relief and disappointment at the conclusion of the case. While the defendants accepted responsibility for the accident, their refusal to issue an apology denied an important gesture of acknowledgment for the distress caused. 
Sharing his statement, Mr Murphy said, “The last nine years since that day have been a horrendous ordeal. I relive the moments of that afternoon constantly. Today, thankfully, brings an end to the civil and criminal proceedings for me and, hopefully, over time, we can put this into the past. I want to thank my legal team at HOMS Assist for their steadfast support and expertise. Their compassion and professionalism have been a source of strength for me and my family.” 

The Bigger Picture 

This case serves as a stark reminder of the importance of strict workplace safety protocols, particularly in high-risk professions. Businesses must prioritise the safety of employees, ensuring robust checks and maintenance procedures are implemented. 
For those affected by workplace accidents, pursuing justice can feel daunting, but it’s essential for creating safer environments for future employees. 

Closing Thoughts 

At HOMS Assist, we are committed to helping victims of workplace accidents and personal injury find justice and closure. Every worker deserves to come home safely, and tragedies like this reinforce our unwavering dedication to supporting those impacted by corporate negligence. 
If you or someone you know has suffered from a workplace accident, we’re here to help. Contact us for expert advice and compassionate support. 

Overview 

When a workplace fails to uphold basic safety standards, the consequences can be devastating. For John Corcoran, a former ESB (Electricity Supply Board) employee with over 40 years of service, this reality hit hard. On 12th September 2016, while working remotely on Kilduff Mountain in Co. Tipperary, John faced a traumatic incident—a stag attack—that left him with life-altering injuries. 

With the support and expertise of HOMS Assist, John’s fight for accountability came to a crucial turning point in January 2022 when the High Court granted him a substantial settlement, bringing closure to a nearly six-year legal battle. 
This case highlights the critical need for workplace safety, employer accountability, and the importance of seeking legal advice after a life-changing injury. 
 
The Challenge 

What Happened? 

John Corcoran was employed as an engineering officer at the ESB. His role involved working in remote and challenging terrains. Despite repeated requests to address the risks of working alone in isolated areas, adequate support measures were not implemented. 
During one such assignment, John was attacked by a large stag while conducting fieldwork on Kilduff Mountain. He was left unconscious and buried in a bush for over 90 minutes before being discovered and rushed to the hospital. 
This unprecedented workplace accident resulted in extensive injuries, including:
A brain injury, causing cognitive difficulties, memory and hearing loss, issues with concentration, and balance impairments.
Soft tissue injuries, compounding the impact on his physical and mental well-being. 
The attack left John requiring full-time care, drastically altering his quality of life and his family’s day-to-day reality. 

Legal Hurdles 

Beyond the immense physical and emotional toll, John faced the legal challenges of pursuing justice against a major employer. The nearly six-year battle required clarity, resilience, and the right legal expertise to ensure accountability was achieved. 
 
The Solution 

John Corcoran turned to HOMS Assist, a team of expert solicitors with a proven track record in personal injury claims. Spearheaded by Robert A. Bourke and Sean Fitzgerald, our team committed to delivering the justice John deserved. 
Key areas of focus for the case included:

Establishing Negligence

Demonstrating ESB’s failure to provide adequate safety measures for fieldwork in remote locations. 
 
Highlighting the Impact 

Clearly outlining the physical, emotional, and financial toll the incident had on John and his family. 

Securing Long-Term Support 

Negotiating a settlement that would provide the necessary resources to cover his medical care and living expenses moving forward. 
 
The Outcome 

On 14th January 2022, the High Court ruled in favour of John Corcoran, awarding him a substantial settlement. 
This victory not only provided much-needed financial stability for John and his family but also set a precedent for workplace safety and accountability in Ireland. 

Statements 

John Corcoran, reflecting on the settlement, stated: 

“It is deeply regrettable that this case and accident occurred when it could so easily have been prevented with better support and working conditions from the ESB. No employee…should ever be left alone, especially in remote, dangerous terrains. I truly hope lessons have been learned.” 

Sean Fitzgerald, Partner at HOMS Assist, commented:

“We are proud to have represented Mr Corcoran in this shocking workplace accident. It is miraculous that he survived, and we are grateful this settlement provides him with the care and support he requires.” 

 
Key Takeaways for Workplace Accident Victims 

Seek Legal Advice 

If you’ve suffered an injury at work, consulting with experienced personal injury solicitors is crucial in navigating the complexities of your case. 
 
Employer Responsibility is Non-Negotiable 

Employers are legally obligated to provide safe environments for their employees. If these responsibilities are neglected, legal action can hold them accountable.

Financial Support Can Be Secured 

Life-changing circumstances require extensive care and resources. Settlements can ensure you or your loved ones receive the necessary support to move forward.

At HOMS Assist, we understand that no two stories are the same, but every client deserves compassionate support and determined representation. Tanya’s story exemplifies our commitment to helping families rebuild their lives following devastating circumstances.

The Challenge 

Tanya’s life was irrevocably changed due to a tragic road traffic accident that claimed the life of her husband while he was carrying out his work duties for An Post. The circumstances were far from straightforward. Not only was there no bicycle helmet involved, but also a witness statement indicated the collision may have been unavoidable. These factors added layers of complexity to the case, making the pursuit of justice feel like an uphill battle.
Despite these daunting challenges, it was clear that Tanya and her two young twins were left facing profound emotional and financial hardship.

HOMS Assist’s Approach 

Our dedicated team at HOMS Assist took time to fully understand Tanya’s situation, acknowledging the sensitive and complex nature of her case. With professionalism and compassion at the core of our approach, we conducted a thorough investigation, dissecting every detail of the incident.

We worked diligently to address the challenging elements of the case, leaving no stone unturned. Every effort was made to counter the implications of the witness statement and the lack of helmet use, ensuring that the central focus remained on the impact of the loss on Tanya and her children.

Throughout the process, Tanya was provided with unwavering support, with regular updates and meaningful communication to ensure she felt heard and understood.

The Outcome 

After tireless advocacy and meticulous legal work, our team secured a settlement that honoured Tanya’s loss and recognised the pain endured by her family.

This outcome not only provided the financial support Tanya and her twins needed to rebuild their lives but also offered a sense of justice amidst their grief.

Why HOMS Assist 

Tanya’s case highlights the core of what HOMS Assist stands for. We are relentless in our pursuit of justice for those impacted by workplace accidents and personal injuries, regardless of the challenges a case may hold.
If you or someone you know has endured a life-altering incident, we’re here to guide you every step of the way—with empathy, expertise, and unmatched determination.

Contact us today to discuss your case and see how we can support you.

Overview 

In a landmark case, a meat factory worker, Johnwin Turner, successfully secured a High Court settlement for the life-changing injury he suffered on May 7th, 2015. The devastating workplace incident involved a mincing machine at Liffey Meats, Ballyjamesduff, Co. Cavan, highlighting the importance of workplace safety and employer accountability. Despite the challenges posed by contributory negligence claims, Mr. Turner’s case is a vital reminder of the power of speaking out and seeking justice.

The Incident 

At just 21 years old, Mr. Turner suffered a catastrophic injury while operating machinery at his workplace. He was instructed to “pre-clean” the mincing machine and attempted to dislodge a piece of raw meat that was stuck under the rotation blades. Despite turning off the machine, his left arm was pulled into the mechanism, leaving him with severe injuries.

The task was undertaken without proper safety equipment, training, or supervision. Although Mr. Turner attempted to carry out his job to the best of his ability, the court heard that he received no adequate warnings about the dangers involved. His efforts to perform his duties in good faith resulted in a tragic and preventable accident.

The Legal Case 

• Mr. Turner brought legal action against his former employer, Liffey Meats, citing negligence and a failure to ensure a safe working environment.
• His claims included that the employer had:
• Failed to provide proper health and safety precautions. 
• Offered inadequate training and supervision. 
• Neglected to supply sufficient protective equipment. 
• Failed to warn him about the risks he was exposed to in his job. 
• During the case, Mr. Turner admitted that not looking into the machine was reckless; however, he emphasised that he was never instructed not to put his hand into the machine. He insisted that he acted in line with his understanding of how the task should be performed.
• The High Court eventually reached a settlement, which accounted for 25% contributory negligence on Mr. Turner’s part, recognising the complexities of the situation.

Key Takeaways for Workers and Employers 

This case serves as an important lesson for both employees and employers regarding workplace safety and rights.

For Workers 

You Have the Right to a Safe Workplace: It is your employer’s responsibility to provide proper training, safety equipment, and clear instructions for hazardous tasks. 

Seeking Justice is Legitimate: If you are injured at work, you have the right to hold your employer accountable for negligence. 

Contributory Negligence Doesn’t Mean No Compensation: Even if you share some responsibility, as highlighted in this case, you can still secure a settlement for your injuries. 

For Employers 

Prioritise Safety Protocols: Ensure all equipment is maintained and proper procedures are in place. 

Provide Comprehensive Training: Employees should be equipped with the knowledge to handle tasks safely and understand the risks. 

Minimise Risk Areas: Take proactive measures to assess and reduce potential hazards. 

Why This Case Matters 

Workplace accidents can have life-altering consequences, physically, emotionally, and financially. Mr. Turner’s bravery in seeking justice has not only secured accountability for his own experience but also raised awareness about the importance of workplace safety.
For individuals who have experienced workplace accidents, it’s important to know that you’re not alone. Employers have a duty to provide safe working conditions, and when this duty is neglected, victims have legal options to seek compensation and justice.

Take Action 

If you or someone you know has been the victim of a workplace accident, don’t hesitate to reach out for help. Our team of experienced personal injury solicitors can offer you guidance and support every step of the way. We understand the emotional and financial toll these injuries can take and are committed to securing the justice you deserve.

Contact us today for a free consultation – your voice matters, and we’re here to amplify it.