The Supreme Court increased the compensation awarded to a former quarry worker to €95,000 on Friday after ruling that his employer bore full responsibility for a workplace accident.

The court accepted the employee’s appeal and dismissed the employer’s counter appeal, overturning part of an earlier judgement that had found the worker was 30 per cent contributorily negligent and rejected his claim for loss of earning capacity.

The appellant, an engineer and welder employed by a quarry company, was injured in December 2010 while carrying out work assigned by his employer.

The accident occurred when another employee mistakenly activated a conveyor belt, causing the appellant and a colleague to fall into a rock collection chute.

In its judgement, the Supreme Court ruled that the worker had not breached his duty of self-protection and that responsibility for the accident “lies entirely” with the employer.

The court also found that the original award of €50,000 in general damages was insufficient.

It said the worker suffered a dislocated right shoulder and a fractured humerus and underwent three operations.

Taking into account “the pain and the suffering that he suffered and continues to suffer”, together with his permanent injuries and the reduced value of money over time, it concluded that “an amount of €80,000 is correct and fair”.

The judges further ruled that the worker’s permanent injuries had placed him at a disadvantage in the labour market.

Given his age of about 56 at the time he left the company, the court found that €15,000 “constitutes fair and reasonable compensation for the loss of earning capacity”.

The Supreme Court also amended the interest awarded, ruling that the €80,000 in general damages will accrue legal interest from December 9, 2010, the date of the accident, until payment.

The additional €15,000 for loss of earning capacity will bear legal interest from July 13, 2017, the date of the first instance judgement, until payment.