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Ireland Lidl worker who claimed he pulled his back lifting 20kg bag of onions settles High Court injury case

17:40  11 december  2019
17:40  11 december  2019 Source:   independent.ie

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Photograph: Collins Courts . A supermarket worker who claims he pulled his back while lifting a 20 kg bag of onions has sued for damages in the The claims are denied. Mr Justice Michael Hanna was told Mr Gadzinski had started working for Lidl in Ashbourne in April 2008 as a store assistant

A worker at a Lidl supermarket who claimed he pulled his back lifting a 20 kg bag of onions has sued in the High Court . Loosely placed on top of the pallet was a bag containing 20 individual 1 kg bags of onions , he said. " He had no choice but to be standing on his tip-toes when he reached up

a man wearing a suit and tie walking on a city street: Darius Pobog Gadzinski (57) Darius Pobog Gadzinski (57)

A Lidl supermarket worker who sued claiming he pulled his back lifting a 20kg bag of onions has settled his High Court action.

Darius Pobog Gadzinski, (57) claimed he has had chronic back pain and has not worked since the accident five years ago when he attempted to move the bag of onions from a pallet two metres high.

Mr Gadzinski, Killegland Hall, Ashbourne, Co Meath had sued  his then employer Lidl Ireland as a result of the accident in the Ashbourne store on October 24, 2014.

He claimed there was a failure to instruct him or his fellow employees on the correct operational procedures for the safe carrying out of his duties. It was further claimed Mr Gadzinski was permitted to carry an object so heavy as to be likely to cause him injury.

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The claims were denied.

  Lidl worker who claimed he pulled his back lifting 20kg bag of onions settles High Court injury case © Jaap Arriens/NurPhoto via Getty Images On the second day of the hearing on Wednesday, Mr Justice Michael Hanna was told the case had been settled.

Mr Gadzinski had started working for Lidl in Ashbourne in April 2008, as a store assistant and packer.

His job was to start early in the morning, and to help fill the shelves with products before the store opened to the public.

The court heard on the day of the accident Mr Gadzinski had wheeled out a shrink-wrapped pallet from the warehouse to the store, which was around two metres high.

Loosely placed on top of the pallet was a bag containing 20 individual 1kg bags of onions, he said.

"He had no choice but to be standing on his tip-toes when he reached up with both hands to lift off the bag," his counsel told the court.

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"Such was the weight, that he will describe feeling a pull or drag in his back, as it wrenched his back downwards as he placed it on the ground," counsel said.

He reported the accident, and then went home and took some painkillers. He then tried to return to work, but the pain was too great and he finished early, counsel said.

Mr Gadzinski attended his GP and a local medical centre and received pain killing injections, as well as physiotherapy, the court heard.

Scans revealed that he will require surgery at two points in his spine to help cure the resulting chronic pain, his counsel said.

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