A former port worker who suffered an eight per cent disability during an accident while working on a ship at the Malta Freeport in August 2008 has been awarded €31,400 in damages. 

A judge ruled that although Francis Cutajar was not a Malta Freeport Terminals Limited employees, he was carrying out duties for the firm and had not been given safety gear and protective clothing. 

Mr Justice Anthony Ellul was ruling in a claim for compensation filed by Mr Cutajar, who at the time of the incident on August 13, 2008, was 58 years old, against the Freeport. 

The court heard how Mr Cutajar was carrying out a job, known as lashing, on the CMA CGM Condor when he lost his balance and fell a height of one storey. He suffered an eight per cent disability and spend five months away from work. 

Although his employer was not the Malta Freeport, the firm was still responsible for workers carrying out work at its terminals, Mr Justice Ellul ruled. He said the accident could have been easily avoided had Mr Cutajar been given protective clothing and safety harnesses.

The court noted how Mr Cutajar was working at the edge and had fallen backwards onto a passageway on the same ship. 

In calculating compensation owed, Mr Justice Ellul noted how Mr Cutajar was injured three years before he was due to reach pensionable age. He said that although Mr Cutajar claimed that he had lost special duties as a result of his injury, he did not substantiate this with any evidence.

Moreover, the court said it could not accept a medical report commissioned by Mr Cutajar as this was carried out just two months after the accident. Mr Justice Ellul based his calculations on the report of three doctors appointed by the court to establish the extent of the injury sustained. 

Since Mr Cutajar retired in December 2010, Mr Justice Ellul awarded him a total of €31,354 by way of compensation.