A port worker won almost €224,000 after a court found Malta Freeport responsible for injuries he sustained when a container was being loaded onto his truck.

The accident happened in April 2008 when Victor Fenech, who at the time was 42 years old, was inside the cabin of his truck waiting for a container to be loaded by a large gantry crane.

Mr Fenech said that the 20-foot container was lowered onto his truck but when the crane retracted, the container was pulled back up because it had not yet been unlocked. The container then became dislodged and fell on to the truck. The sudden weight caused the truck to jolt and Mr Fenech was “violently slammed” around inside the cabin, sustaining severe injuries to his back, neck and hipbone, resulting in a permanent disability.

According to a medical report exhibited in court, Mr Fenech suffered a 15 per cent disability. Doctors informed Mr Justice Anthony Ellul that Mr Fenech required a hip replacement as a result of the injury.

The crane was being operated by Orlando Pisani, who had joined the company a few days prior to the incident as a trainee. The judge noted that the company had not brought any evidence to disprove that Mr Pisani was being allowed to operate the crane without any supervision.

“The company is in duty bound to reduce risks workers were exposed to at their workplace. It is the company that must ensure a safe environment for each and every worker,” Mr Justice Ellul said.

He noted that Mr Fenech remained on sick leave until January 2011, losing a total of more than €124,000 in wages as his annual net salary was €48,225. The judge added €97,600 as compensation for the permanent disability suffered as well as medical expenses incurred, reaching a total compensation of €223,367.58.

Lawyers Robert Abela and Albert Zerafa appeared for Mr Fenech.

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