**Supreme Court Increases Quarry Worker Compensation to €95,000**
In a significant ruling on Friday, the Supreme Court of Cyprus increased the compensation for a former quarry worker to €95,000, determining that his employer was fully responsible for a workplace accident that occurred in December 2010. The decision came after the court accepted the worker's appeal and dismissed a counter appeal from the employer, overturning a previous judgement that had assigned 30 percent contributory negligence to the worker.
The case involved an engineer and welder who was injured while performing tasks assigned by his employer. The incident took place when another employee inadvertently activated a conveyor belt, leading to the worker and a colleague falling into a rock collection chute.
In its judgement, the Supreme Court found that the worker had not failed in his duty of self-protection and emphasized that the responsibility for the accident lay entirely with the employer. This ruling marked a pivotal shift from the earlier court's decision, which had partially blamed the worker for the incident.
The court noted that the original compensation award of €50,000 for general damages was inadequate given the severity of the worker's injuries. The worker sustained a dislocated right shoulder and a fractured humerus, which necessitated three surgical operations. The court assessed the pain and suffering endured by the worker, along with the long-term impact of his injuries, concluding that a sum of €80,000 would be a fair and just compensation for the general damages.
Additionally, the court recognized that the worker's permanent injuries had adversely affected his employability. At the time of the accident, he was approximately 56 years old, and the court determined that an additional €15,000 was warranted for loss of earning capacity, bringing the total compensation to €95,000.
The Supreme Court also addressed the issue of interest on the awarded amounts. It ruled that the €80,000 in general damages would accrue legal interest from the date of the accident, December 9, 2010, until the payment is made. The additional €15,000 for loss of earning capacity will accrue interest from July 13, 2017, the date of the first instance judgement, until payment.
This ruling underscores the judiciary's commitment to ensuring fair compensation for victims of workplace accidents and highlights the importance of employer accountability in maintaining safe working conditions.