Lm10,457 damages award for industrial accident

A man injured in an industrial accident in 1992 was awarded Lm10,457 damages by Mr Justice David Scicluna in the Civil Court.

The damages were awarded to Robert Cassar after Mr Justice Scicluna concluded that the responsibility for the accident had to be apportioned equally between Cassar and Mirya Limited.

He heard Cassar's writ against Mirya Limited in which Cassar claimed he had been injured when a glass pane had slipped and cut his wrist on January 30, 1992, while at work. Cassar suffered a 20 per cent permanent disability.

Cassar claimed that the accident had occurred because the company had failed to provide him with safety equipment, while the company pleaded that Cassar was responsible for the accident as he had failed to wear the gloves and wrist guards provided.

The court-appointed expert had concluded that both the employer and the employee had certain responsibilities regarding safety at work.

The employee was bound to exercise due care and to concentrate on his work and to make use of the safety equipment provided.

The employee was also bound to request safety equipment from the employer and to request the employer to satisfy safety requirements.

On his part the employer had to ensure that there was a safe environment and to provide the necessary safety equipment to the employees.

The employer had to take all action to protect the health and safety of employees.

The court said the employee not only had to request safety equipment but did not have to concur with any shortcomings on the part of the employer.

The employer, on his part, did not only have to provide safety equipment, but had to ensure compliance with safety precautions and regulations.