Nursing aide wins €31,000 in damages

The government has been ordered to pay over €31,000 in damages to a nursing aide who was injured while at work at Paola Health Centre.

Alexia Muscat filed her writ against the Director General of Public Health, the Director General of Institutional Health and the Chief Government Medical Officer.

Ms Muscat told the court presided over by Mr Justice Geoffrey Valenzia that in October 30, 1999, while she was at work, she had to get a patient's file. In order to do so she had to climb up a ladder as she could not reach the files. When she was descending she fell the last four feet and injured her back.

Ms Muscat said that she had not contributed to the accident and it was caused because the ladder was not suitable for this use.

The auhtorities pleaded that they were not responsible and that Ms Muscat had failed to provide concrete evidence that she had sustained physical harm.

The court declared that an employer had to provide a safe system of work and a safe working environment, as well as adequate supervision. In this case the court ruled that the authorities had not provided a risk free working environment and that they were therefore liable towards Ms Muscat in damages.

When assessing the damages the court concluded that Ms Muscat had suffered a permanent disability of ten per cent. She was awarded €31,446.54 in damages.