A foreman who suffered severe head injuries after falling from a scaffold has been awarded $214,800 in damages.
Vijay Prasad filed a civil suit against Kaimbu Island Ltd and Pacific Plumbing Services Ltd (PPSL) over the incident which occurred while working on a construction project for the first defendant.
Mr Prasad, who had no formal employment contract with PPSL, was electrocuted while drilling an iron beam using a magnetic drill, causing him to fall from height.
He claimed the defendants failed to provide safety gear or a residual current device (RCD) to prevent electrocution.
Court records showed the second defendant was contracted to provide “qualified tradesmen” for the project.
Mr Prasad sued for breach of common law negligence and violations of the Health and Safety at Work Act 1996 and related regulations.
Medical reports confirmed Mr Prasad was admitted to the CWM Hospital on October 10, 2013, with moderately severe head injuries and later developed deafness in his right ear. He was bedridden for over a year and became dependent on his wife for basic care.
Now working overseas, Mr Prasad also claimed future economic loss due to a 47 per cent permanent impairment.
“Plaintiff suffered injuries while working in first defendant’s construction project,” stated Justice Deepthi Amaratunga in his April 9 judgment.
“The cause of his fall is electrocution from magnetic drill without adequate RCD and transformer. Both defendants were negligent as the tool was unsafe without adequate RCD.”
Both defendants were also ordered to jointly pay $5000 in legal costs.
