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Repetitive Pain Syndrome earns Farm Worker €40,000 in Damages Against Keelings

By July 19, 2024 No Comments
Repetitive Strain Syndrome

Repetitive Pain Syndrome.

Dorota Rejnin, a 51-year-old former farm worker from Swords, Co Dublin, has been awarded nearly €40,000 in damages following a case against Keelings, a prominent fruit producer in Ireland. Ms Rejnin developed “repetitive pain syndrome” in her neck, spine, right upper arm, and shoulder due to the nature of her work, which involved prolonged hours of planting and picking strawberries.

In the Circuit Civil Court, Judge Jennifer O’Brien awarded Ms Rejnin a total of €37,536 in damages and costs. Ms Rejnin, represented by barrister Niall O’Driscoll and Boino solicitors, detailed her experience of piece work for up to 14 hours a day, often with her hands and arms positioned above shoulder height. The court accepted that these working conditions resulted in a personal injury.

Ms Rejnin had sued Keeling’s Softfruits Unlimited Company and William P. Keeling and Sons for €60,000, citing negligence and breach of duty. She alleged that the unsafe working conditions and constant pressure to meet increasing targets led to her injuries. Despite residing in Dublin at the time, Ms Rejnin returned to Poland after leaving her job in 2017.

Keelings mounted a full defence, claiming contributory negligence. However, Judge O’Brien noted that Ms Rejnin’s injuries were caused by a non-ergonomic work environment, leading to soft tissue overloading and overuse. Medical reports and expert evidence from PLC Engineering, Donal Terry Consulting Engineers, and Professor Leonard O’Sullivan, an ergonomist from the University of Limerick, supported Ms Rejnin’s claims.

Judge O’Brien awarded €22,000 for the shoulder injury, €15,000 for the neck injury, and special damages of €336 to Ms Rejnin.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*

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