The appellate instance of the Karaganda Regional Court found unjustified the attribution of 30% of the fault to an electrician who suffered serious harm to health during emergency restoration work on a power line. The court established that the accident occurred due to the employer's improper organisation of safe working conditions.
HOW THE ACCIDENT HAPPENED
An electrician, as part of a team, took part in emergency restoration work on a power line. During the work, voltage was supplied to the line, as a result of which an accident occurred.
The worker suffered serious harm to health. He was subsequently assigned disability group I.
WHY THE WORKER WAS ASSIGNED 30% OF THE FAULT
The special investigation commission established 70% of the employer's fault and 30% of the electrician's fault.
The injured party disagreed with the commission's conclusions and went to court. He insisted that the necessary safety measures had been observed and that the obligation to ensure safe working conditions lay with the employer.
The court of first instance refused to grant the claim, considering that there had been gross negligence in the electrician's actions.
WHAT THE APPELLATE INSTANCE ESTABLISHED
When reviewing the case, the appellate court established that the team had been cleared for the work, and the earthing device had been installed after checking for the absence of voltage.
The court emphasised that responsibility for organising and safely conducting the work lies with the employer's authorised persons. At the same time, the commission proved neither the existence of gross negligence on the part of the electrician nor a causal link between his actions and the consequences that ensued.
HOW THE PROCEEDINGS ENDED
The appellate instance concluded that the accident occurred as a result of the employer's improper organisation of safe working conditions. In particular, the employer had not taken measures to exclude the supply of voltage to the line during the work.
The Karaganda Regional Court granted the claim and excluded from the special investigation report the finding of 30% fault on the part of the worker.
The judicial act entered into legal force.
CONTEXT
Earlier in the Abai region, a similar case occurred: a worker suffered serious injuries as a result of an underground explosion at an explosives storage facility on the territory of a mine. The special investigation commission established 100% of the employer's fault and the absence of fault on the part of the injured person.
The Zharminsky District Court awarded 4 million tenge in compensation for moral harm from the enterprise. In determining the amount, the court took into account the severity of the injuries, the duration of treatment and the assignment of disability group III to the worker.
