Nicosia, Cyprus. The Supreme Court on Friday increased the compensation awarded to a former quarry worker to €95,000, ruling that his employer bore full responsibility for a workplace accident. The court accepted the employee’s appeal and dismissed the employer’s counter appeal.
Court overturns part of earlier judgement
The ruling overturned part of an earlier judgement that had found the worker 30 per cent contributorily negligent and had rejected his claim for loss of earning capacity.
Details of the accident
The appellant, an engineer and welder employed by a quarry company, was injured in December 2010 while carrying out work assigned by his employer. The accident happened when another employee mistakenly activated a conveyor belt, causing the appellant and a colleague to fall into a rock collection chute.
Employer held fully responsible
In its judgement, the Supreme Court ruled that the worker had not breached his duty of self-protection and that responsibility for the accident “lies entirely” with the employer.
Compensation increased
The court found that the original award of €50,000 in general damages was insufficient. It said the worker suffered a dislocated right shoulder and a fractured humerus and underwent three operations.
Taking into account “the pain and the suffering that he suffered and continues to suffer”, together with his permanent injuries and the reduced value of money over time, the court concluded that “an amount of €80,000 is correct and fair”.
Loss of earning capacity
The judges also ruled that the worker’s permanent injuries had placed him at a disadvantage in the labour market. Given his age of about 56 at the time he left the company, the court found that €15,000 “constitutes fair and reasonable compensation for the loss of earning capacity”.