The family of a refuse collector who died after falling from the back of a bin truck has had a statutory payment of €35,000 for loss and mental distress approved by the High Court.
Mr Justice Tony O’Connor heard how the vehicle had gone over a speed bump and the man, who was in his 50s, fell from the rear and hit his head on the road, causing severe injury.
In 2020, the man’s daughter, who was then a minor, brought High Court proceedings through her mother against the waste company and the driver of the refuse truck.
It was alleged that the respondents were negligent and in breach of their statutory duties.
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The daughter and the mother were dependents of the worker and all three lived together, the court heard.
In the case it was alleged that the truck was driving at an inappropriate speed when approaching the speed bump, that the company allowed or permitted the worker to travel by holding on to the rear of the vehicle without a helmet and that there was a failure to have in place an adequate step upon which he could safely stand.
The plaintiff said that the claimed breaches came under the Safety, Health and Welfare at Work Act, 2005. Damages were also sought under the Civil Liability Act for the benefit of the dependents in the form of the statutory payment.
Padraig D Lyons, for the plaintiff, told the court on Friday the case had been settled and the only matter to be attended to was the statutory payment for loss and mental distress.
Mr Lyons said the mother was waiving her entitlement to the payment in favour of her daughter. Four others were also entitled to a part of the payment, but had not originally been in the case as statutory dependents, he said.
Mr Justice O’Connor made an order directing the payment of €35,000 to the plaintiff.
He expressed his sympathy to the family for what they had gone through and he wished them well.
