Man who lost palm of his hand in in­ci­dent at work gets €8,700 in com­pen­sa­tion

Malta Independent - - NEWS -

A worker who lost the palm of his hand while work­ing at a fac­tory will be given €8,727 in com­pen­sa­tion af­ter the court ruled that it was both the com­pany’s fault and his. The ac­ci­dent hap­pened six years ago and the man still works at the same fac­tory till this day.

John Brin­cat filed the case against KCA Plas­tics. On 26 Fe­bru­ary 2010, Mr Brin­cat was work­ing on an in­jec­tion mould­ing ma­chine when at one point, the ma­chine just stopped work­ing. The man went to see what the prob­lem was by in­spect­ing the ma­chine, but it restarted on its own and it caught his right arm. The worker ended up in hos­pi­tal for four weeks.

Mr Brin­cat ar­gued that the com­pany is to blame as the ma­chine is sup­posed to au­to­mat­i­cally stop once the door is open. The com­pany how­ever ar­gued that the ma­chine worked just fine and is still be­ing used to­day.

Proofs which were brought before Judge Sil­vio Meli showed that Mr Brin­cat’s job was to switch on the ma­chine and put in the needed ma­te­rial for the mould. When the mould gets stuck, the op­er­a­tor must stop the ma­chine and re­move it man­u­ally. It was ex­plained that this hap­pens some 20 times each day.

On the day of the ac­ci­dent, Mr Brin­cat had opened the ma­chine and tried to re­move what was stuck. He ex­plained that he had al­most man­aged to get his hand out before the ma­chine restarted and caught his fin­gers and even­tu­ally his whole palm. His col­leagues had to re­move him from the ma­chine and im­me­di­ately took him to the hos­pi­tal.

The court heard how Mr Brin­cat can barely move his hand and can­not lift with it and although he is still em­ployed with the same fac­tory, he was given an­other task.

A court ex­pert con­cluded that the re­spon­si­bil­ity of the in­ci­dent should be shared be­tween the worker and the fac­tory.

Given the fact that the vic­tim suf­fered 17% dis­abil­ity af­ter the in­ci­dent, the court ruled that the com­pen­sa­tion due should be of €8,727.

Newspapers in English

Newspapers from Malta

© PressReader. All rights reserved.