A company was yesterday ordered to pay its former employee Lm9,500 by way of compensation for a workplace accident in which he lost the small finger of his right hand.
The First Hall of the Civil Court, presided over by Mr Justice Tonio Mallia, heard how on 26 August 2004, Mayer Scicluna, who worked as a skilled labourer laying membrane and waterproofing with TN Waterproofing Limited, was involved in an accident while he was working on a batch of garages in Attard.
The court heard how as Mr Scicluna was carrying the gas cylinder used to operate the blow torch, he slipped and the gas cylinder fell on the small finger of his right hand.
As a result, he had to undergo several surgical interventions but the finger was lost.
Handing down his judgement, Mr Justice Mallia ruled that the employer was responsible for ensuring “a safe system of work.”
He said that although Mr Scicluna was not working in a factory, the site where workers are sent is considered to be “an extension of the workplace.”
Mr Justice Mallia said that employers must carry out inspections of the sites where they are planning to send their workers to ensure that the site is free of any hazards for their employees.
When this cannot be done, the company should send an experienced supervisor to ensure the workers’ safety.
“As has been said before, employees tend to get careless about risks involved in their daily work and employers are obliged to take measures against it,” he court said.
The court heard how Mr Scicluna was 25 when the incident occurred and calculated a compensation of Lm9,471.
Dr Roberto Montalto and Dr Jose Herrera appeared for the accused.