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