A worker who sustained severe injuries as a result of an industrial accident has secured 4 million tenge in compensation for moral harm through the courts. He will also have his court fee expenses reimbursed.
HOW THE ACCIDENT HAPPENED
As reported by the press service of the Abai region courts, the Zharma district court examined a civil case concerning a worker's claim against his employer for compensation for moral harm and material damage.
Since 2021, the man had been working as a miner. In July 2024, an underground explosion occurred at an explosives warehouse on the mine's premises. As a result of the blast wave, the worker sustained severe bodily injuries.
WHAT THE INVESTIGATION ESTABLISHED
According to the special investigation report, the commission established the employer's 100 percent liability and the absence of any fault on the part of the worker himself.
A forensic medical examination confirmed that grievous harm had been caused to his health. Subsequently, a medical and social assessment assigned the claimant the third disability group.
WHY THE EMPLOYER OBJECTED TO THE CLAIM
The employer did not admit the claim. The company's representative stated that payments related to health damage are made by the insurance company.
Furthermore, the employer believed that responsibility for what happened should lie with a specific employee of the company rather than with the partnership itself.
ON WHAT GROUNDS THE COURT AWARDED COMPENSATION
The court applied Articles 931 and 951 of the Civil Code, as well as Article 122 of the Labour Code. It was noted that an enterprise whose activities involve a source of heightened danger is obliged to compensate moral harm caused to a worker regardless of whether it was at fault or the degree of such fault.
In determining the amount of compensation, the court took into account the nature and severity of the injuries, the duration of treatment, the establishment of disability, the significant loss of professional working capacity, as well as the physical and moral suffering endured by the victim.
In the end, the court ordered the employer to pay 4 million tenge in compensation for moral harm and the court fee expenses. The remainder of the claims was dismissed, as the documents did not confirm a direct link between the claimed expenses and the treatment of the consequences of the industrial injury.
