Shipyard ordered to pay compensation to injured worker
A man who was injured at his place of work has been awarded €9,692.67 in damages after a court ruled that his employer was mostly responsible for the accident, but the worker himself was also partly to blame.
Mr Justice Lino Farrugia delivered this judgment following a writ filed by Laurence Saliba against Bezzina Ship Repair Yard Ltd.
Mr Saliba was responsible for the setting up of scaffolding. In October 2006 he had fallen off the scaffolding which was not yet complete. He suffered a five per cent permanent disability and when he was certified as being fit for work in January 2008 the company terminated his employment on the grounds that he had abandoned his work.
Mr Saliba requested the court to order the company to pay him damages as he had been injured while at work.
On its part the company submitted that it ought not to pay Mr Saliba as the accident had been caused by negligence on Mr Saliba's end.
In the judgment, the court found that Mr Saliba had been partly to blame for the accident as he had been injured by scaffolding that he himself was responsible for. The court estimated the total damages due to Mr Saliba in the sum of €12,923.55 and ordered the company to pay him €9,692.67 being three quarters of this sum.
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Peter Murray
Nov 12th 2012, 15:05
This report omitted the fact that the scaffiold was required to be certified as safe to use by this worker's supervisor(in this case a surveyor) as the worker in question was not qualified to do and that therefore the company was totally at fault as they allowed the scaffold to be used before such certification was approved.Everyone is responsible for their safety but ultimately the employer is
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