Sunday 28 December 2014

Argos worker gets €25k for fall off ladder

Ray Managh

Published 29/01/2014 | 08:22

Nicola Starmer dislocated her wrist when she fell from a ladder while working for Argos in Waterford
Nicola Starmer dislocated her wrist when she fell from a ladder while working for Argos in Waterford

A 42-YEAR-OLD Waterford woman who injured her right wrist when she fell off a ladder, has been awarded €25,000 damages in the Circuit Civil Court against her former employer, Argos.

Nicola Starmer told the court yesterday that in February 2007, she had been a temporary front- -of-house worker with Argos in Great George’s Street, Waterford, when she was required to go to the stockroom.

Murray Johnson, counsel for Ms Starmer, said that she had to use a ladder in the store to retrieve items which would then be dispatched to a customer collecting point.

Ms Starmer, of Shore Wood, Ballynakill Downs, Waterford, said she had been near the top of the ladder and had to twist her body to collect a box.

She told Circuit Court President Mr Justice Raymond Groarke that she had been carrying the box under her left arm, while descending the ladder, when she suddenly fell backwards and landed on her right side.

Ms Starmer said she picked herself up and continued working. She had not felt pain initially, but it developed later.

She had been to the hospital where X-rays revealed a dislocation of her wrist.

Her injury had been stabilised internally with pins and she had been discharged in an above-elbow plaster cast. The court heard she had an injection to her wrist in July, 2007, as her forearm had been painful and swollen.

Argos Waterford, which denied liability, said Ms Starmer had been properly trained to self-assess risks and ask for assistance if necessary. 

Mr Johnson said his client had been under pressure as she had been on her own and had to collect extra items.

He told the court Ms Starmerhad not been trained properly to work in the stockroom or to use a ladder.

He said her training had been computer and DVD based rather than practical.

Judge Groarke said he accepted Ms Starmer had been under pressure and had not been properly trained. He awarded her €25,000 damages.

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