Injured port worker awarded €224,000 for workplace injury

A court has ordered the Malta Freeport to pay a port worker almost €224,000 in compensation for a workplace injury caused to a crane operator.

Victor Fenech was adjudged to have suffered serious injuries in a 2008 incident where a container which was being unloaded fell on his truck cabin.  .

Fenech had told judge Anthony Ellul how, on the day of the incident, he had been sitting in the cabin of his truck, waiting for a gantry crane to load the 20-foot container onto his truck. Through an oversight, the container had not been completely disengaged from the crane when the cable was recoiled, resulting in it being lifted up before becoming dislodged and falling back onto the truck.

The resulting jolt caused Fenech to be thrown around the inside of the cabin, severely injuring his back, neck and hip. Medical experts had told the court that Fenech required a hip replacement and had suffered a 15% disability.

The court also heard how the person operating the crane was a trainee who had only started working with the company days before the accident and that no proof that the operator had been under supervision at the time had been exhibited.

In its judgment, the court held that the company had failed in its duty to minimize health and safety risks to workers and was responsible for the injuries suffered by its employee.

In calculating the amount of damages due to Fenech, the court took into account his €48,225 net salary and applied it to the time which he had been unable to work due to the injury.  A further €97,600 were awarded as compensation for the permanent disability Fenech had suffered, together with treatment-related expenses.

Lawyers Robert Abela and Albert Zerafa appeared for Fenech.