Construction worker wins $19,960 compensation for injuries [1]
Monday, August 28, 2017 - 18:36
Paula ‘Eukaliti who filed a claim against former employer Puloka Construction Ltd. won $19,962.50 compensation in the Supreme Court, after the middle and index fingers of his right hand were severed above the second joints, during a work accident in 2014.
'Eukaliti was employed as a construction labourer by the construction company, at the time was engaged to erect eight telecommunications masts for Digicel at sites throughout Tongatapu.
Lord Chief Justice O.G. Paulsen in his ruling in July, said the accident occurred in Ha'ateiho on August 18, when a mast was erected and ‘Eukaliti who was 20-years-old at the time, was one of the workers. He was tasked to climb the mast to bolt sections in place. During this work his middle and index fingers of his right hand were caught between a steel cable and a pulley.
" 'Eukaliti alleged that Puloka was negligent in failing to provide proper instruction, safety equipment and a safe work environment causing him to be injured, and claimed damages for pain and suffering, permanent disfigurement and loss of earnings."
The court heard that the supervisor on the job had instructed 'Eukaliti to climb to the top of the mast and to push or pull the steel cable, to ensure that the brackets on the ladder did not get caught on the mast.
He changed into sneakers before he climbed the mast. He put on his safety belt, which he secured only when he reached the top of the mast, he said that he had not been issued with any safety gloves and did not wear any safety equipment other than the safety belt.
The supervisor said that he was aware that 'Eukaliti was not wearing safety gloves. He said that he did not insist that workers wear gloves and he does not wear them himself.
Duty and care
The Lord Chief Justice said there is no dispute that Puloka owed 'Eukaliti a duty to take reasonable care to avoid foreseeable risks of injury in the performance of his work
He said the obligation "encompasses various aspects including the provision to an employee of adequate materials, proper systems and effective supervision but can perhaps be summarized as a duty to avoid injury by providing 'a safe system of work.
"As far as the safety equipment is concerned the evidence was that the company provides safety gear to its staff if they do not have their own (apart from shoes), among other reasons stated in the judgment.
“For those reasons there is no doubt in my mind that Puloka was negligent in the manner in which the ladder was hoisted putting 'Eukaliti at unnecessary risk and that its negligence caused his injuries.”
He said for pain and suffering, he was granted $5,000 pa'anga. As for permanent disfigurement, loss of amenity and enjoyment of life, he was granted the sum of $10,000. For loss of earnings $4,000, and on loss of past earnings was granted $962.50.
These sums will attract interest at 10% from date of judgment until paid, said the Chief Justice.