The Court of Appeal has outlined various considerations in case number 502/12/1, pertaining to workplace injury.
An employee was hit by a truck while performing his duties. He then filed a claim for damages, alleging that the employer failed to provide a safe working environment, thereby breaching its legal obligations under Maltese occupational health and safety laws, at the time being Chapter 424 of the Laws of Malta (which have now been transferred into Chapter 646 Laws of Malta). The employee argued that the employer had a duty to implement preventive measures, conduct risk assessments, and ensure that employees were not exposed to unnecessary hazards. He went so far as to insist that procedural improvements made after the incident were evidence of prior shortcomings.
The Court of first instance attributed blame to the employee for his negligence, carelessness and lack of foresight on the part of the employee himself. The appellant Court noted that Maltese law does not impose strict liability on employers for workplace accidents in relation to damage claims; rather, the burden lies with the employee to prove negligence or failure to meet legal safety standards.
In its considerations, the Court highlighted the employee’s own legal duty to safeguard his health and safety. It concluded that the employee had acted without due diligence and failed to exercise the caution expected of a reasonable person in a hazardous environment. For these reasons, the appellant Court rejected the appeal and upheld the original judgment, finding that the employer was not liable and that the plaintiff (the employee) was responsible for the incident and the risk he undertook when crossing from in front of the truck without ensuring that the driver had seen him.
This judgment highlights the importance of both employer and employee responsibilities in maintaining workplace safety. In fact, in consideration of damages caused from injuries at the workplace, the Court was not hesitant to ensure that obligations from both ends were upheld. While employers must ensure clear procedures, proper training, and risk mitigation strategies, employees must not be ignorant to same protocols and being cautious of one’s own safety and the safety of colleagues.
