A MAN injured when a metal conveyor bench dropped on his head in a meat factory was yesterday awarded €257,000 by the High Court.
Mr Justice Iarflaith O'Neill said he accepted the account of Hany Boles as to how the accident happened at the AIBP meat processing plant in Cahir, Co Tipperary, six years ago.
The judge also criticised that a "trivialised and an inaccurate account" was fed in to the company's accident reporting system about the incident on May 25, 2007.
Mr Boles (49) was struck on the head while helping to move the metal conveyor bench.
There was no doubt, the judge said, Mr Boles suffered a significant blow to the left side of the head, but the significance of the incident was never appreciated by his employers.
Management level at AIBP, the judge said had taken an "antagonistic approach" to the situation.
Father of two Mr Boles, of Beech Park, Cahir, Co Tipperary, had sued AIBP with offices at Ardee, Co Louth, as a result of the accident.
He claimed AIBP required him to perform a task which placed him in a vulnerable position and in a situation for which he had not been trained or instructed adequately.
Mr Boles, who came to live in Ireland from Egypt 10 years ago, the judge said, was in a well paid job washing knives and trays which had been used by the butchers. While it was far below his academic achievement, he enjoyed the employment because it was crucial to him and his family.
On the day of the accident, the judge said Mr Boles was directed to help, along with another man, put a conveyor bench on two trolleys so it could be moved.
Mr Boles went to position the conveyor bench but before he had time to get out from under, it dropped on top of him and he reeled backwards.
The judge said the injury sustained was consistent with him being in a crouched position.
The judge said he believed Mr Boles and that he was an honest person. He was satisfied Mr Boles has not been malingering since his accident and that the defendants got it completely wrong.
Making the award with costs, Mr Justice O'Neill said it has had a major impact on Mr Boles’ life.