THE HIGH COURT has awarded €365,000 in damages to a Co Tipperary man who has been left unable to work after injuring his back in a workplace accident.

The award was made by Mr Justice Tony O’Connor in favour of Patrick Ryan of Ormonde Crescent, Carrick-on-Suir, in Co Tipperary who had sued his employer Queally Pig Slaughtering Limited over injuries he sustained on 13 April 2017 while lifting a bag of pork.

Ryan claimed that he experienced awful pain in his central mid lower back area when swinging over one of the bags of pork at the meat processing facility located near Waterford City.

Arising out of his injuries, Ryan sued his employer seeking damages for the injuries he suffered which he claimed were caused by the defendant’s alleged negligence and failure to provide him with a safe system of work.

The claims had been denied.

In his judgement the judge said that the court had heard evidence from the defendant that Ryan had “a bad back, which was going to cause him many of his current complaints”.

The judge said that the defendant had initially kept liability as an issue in the case but had later “confined its defence to the extent of Mr Ryan’s injuries and losses.”

Ryan is no longer able to do any manual work, and claims that surgery will not help him.

All he can do is to take action to avoid pain and take medication.

In his judgement Mr Justice O’Connor said he was satisfied that Ryan was left unable to work due to the pain he has suffered following the accident.

The judge said that he was satisfied from the medical evidence given to the court that there was “no merit” in the defendant’s position that Ryan’s injuries and inability to work were solely or substantially attributable to the plaintiff’s “bad back”.

The court was also satisfied that the defendant had not established that Ryan had failed to take any reasonable steps to “reduce his loss.”

The judge said that Ryan’s injuries had resulted in a drastic deterioration of the previously fulfilled life had had enjoyed prior to the accident.

The judge said that Ryan had given evidence that he continues to experience severe pain since the accident.

He is unable to go fishing anymore, nor attend local matches because of the pain, while any lengthy period of time driving causes him great difficulties.

After swinging over the bag Ryan “did not want to make a fuss” and thought that he would be “grand”. Due to the pain, he experienced he was referred by his GP to the accident and emergency unit in Clonmel Hospital.

The judge said that that he was satisfied that Ryan, who was “a good manual worker” wanted to return to work, despite his significant pain.

However, physiotherapy had not given Ryan any relief, and he had a suboptimal response to medication and injections he has received.

The judge said that Ryan had attempted to return to work doing light duties, a few months after the accident.

However, his pain and discomfort got worse, and he ceased working for the defendant in April 2018.

When all the evidence was taken into account, the judge said Ryan was entitled to damages, under hearings including past loss of earnings, future loss of earnings, and general damages totalling €365,500.