Court awards partial damages to worker, over his responsibility to work accident

The First Hall of the Civil Courts awarded a worker three quarters of a lump sum in damages and medical expenses  he incurred after a work-related accident in 2006.

Judge Lino Farrugia Sacco ruled that Laurence Saliba should shoulder partial responsibility for the accident in which he fell off a scaffolding while working on a yacht in Dock 2 at Bezzina Ship Repair Yard.

Saliba had suffered a five per cent permanent disability in his knee after the fall.

The Court heard how Saliba was working under pressure to finish a job on board a yacht which was under repair, climbed onto an untied scaffolding plank, stepped on a nail with his safety shoes, which tripped him and caused him to fall off the same scaffolding.

Saliba's work however was to construct the scaffolding, and make it safe, even though a surveyor was meant to certify the scaffold later in the day.

In handing judgement, the Court upheld the company's submissions that Saliba was mainly to blame for the accident because it was his job to ensure the safety of the scaffolding, irrespective of work pressures.

Judge Farrugia Sacco argued that from a compensation claim of €12,923.55, he was only awarding Saliba three quarters of it, given his partial responsibility.

The Court ruled that Saliba is awarded €9,692 in damages.