A former dockyard worker has been awarded €100,977 in compensation for injuries he suffered in a five-storey fall at the then Malta Drydocks on October 4, 1993.

Raymond Barbara had originally sued Sammy Meilaq, chairman of the then Malta Drydocks Council and the members of the council. The government later assumed the liabilities of the dockyard.

Mr Barbara used to work as a stager slinger. On the day of the accident he was on the night shift. At one time at about 1 a.m., scaffolding collapsed and he fell into one of the dry docks. He suffered permanent injuries and has been unable to walk since then.

Mr Barbara, who was 36 at the time of the incident, spent a year in hospital and was unable to return to work. He was paid his salary until he was boarded out.

Mr Barbara held the dockyard responsible for the damages.

In 1997 he was paid Lm17,153 (€39,995) under a personal accident insurance policy. He was also given an ex gratia payment of Lm30 weekly (just under €70) by the dockyard.

The dockyard, however, denied responsibility, saying the workers had been given the proper equipment to work without endangering themselves.

The court found that documents related to health and safety procedures had not been produced by the dockyard. It also established that a bracket forming part of the scaffolding, which had been manufactured at the dockyard itself, had failed, causing Mr Barbara to fall.

It was clear, the court declared, that the worker was not the cause of the accident he had suffered. He was doing his duty as required to.

The bracket which had given way had previously suffered some sort of blow which weakened and twisted it.

The bracket collapsed after orders on how the brackets were to be mounted and removed were not observed, although it was not clear whose failure this was.

The court held the dockyard responsible for the accident and awarded the worker compensation of €100,977.

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