Philip Vassallo was working on a vessel in the Freeport in 2012 when he fell a height of two metres and sustained grievous injuries. Hence the court has ordered the prot to pay a compensation of €55,000.
In November 2012, Vassallo was involved in unloading operations on a berthed vessel in Freeport when he fell a height of two metres from a platform and sustained grievous injuries in the process. Hence, the worker took his erstwhile employers to court since the company failed to implement the necessary safety measures.
Mr Justice Lawrence Mintoff presided the hall and noted that:
- the company had not filed any submissions in its defence
- the plaintiff’s account had been corroborated by a colleague
- there were no specific legal provisions in the Occupational Health and Safety Act which dealt with the job in question, employers were still obliged to implement the necessary safeguards
- the company had failed to erect a protective railing around the platform
- no risk assessment had been completed before the unloading operation and the surfaces had been made slippery with oil
- the employer had neither appointed a safety officer, nor had it taken action, in spite of being made aware of the risks involved
- the injured worker had worn all of the safety equipment with which he had been provided and that his fall had not been the result of his own negligence
In calculating the amount to be awarded in damages, the court accepted Vassallo’s calculation of lost income over the 13-month period of recovery – a cool €71,600, a sum he had based on his colleagues’ income. The amount was reduced to €55,141 after tax, however, after the court turned down the plaintiff’s request that the award be tax-exempt.
Source: MaltaToday
