A worker won compensation after a work accident thanks to Delikti.bg 

In 2024, the Delikti.bg team won a second instance case, related to a claim by our client - a worker - against his employer for compensation for non-pecuniary damages resulting from a work accident.  

The case found that our client suffered work accident in 2020, as a truck driven by another worker and moving in reverse, passed over our client's left leg and he remained under it. This situation occurred while our client was performing his duties. As a result of the impact, he suffered multiple and severe fractures to his lower left limb. Our client's condition after the accident led to his temporary incapacity for work and inability to take care of himself.  

The accident was recognized as work-related by the National Social Security Institute (NSSI). However, during the trial, the employer claimed that the worker had shown gross negligence, as he had worn headphones while working, which prevented him from performing his work duties. Also, according to the employer, there was complicity on the part of the worker, who had not provided adequate treatment and rehabilitation after the accident. 

Witnesses – workers and relatives of our client – were questioned in the case, and a forensic medical examination was also prepared, which confirmed our client's fractures that occurred as a result of the work accident.  

The most important thing you need to know about workplace accidents.

From the evidence collected in the case, it was established that the worker who was driving the truck in reverse did not take action to make sure that there were no people around before reversing, and there was no second worker provided to indicate the direction of movement, which is provided for in the Employer's Work Safety Rules.  

In this regard, the court held that the employer had not fulfilled his legal obligation to personally check the safety of the workplace, and had not fulfilled his obligation to personally verify the safety measures taken.  

The decision of the court of first instance  

As a result of our successful evidence, the court upheld our client's claims and awarded him compensation of BGN 13,600 for non-pecuniary damages and an additional amount of BGN 717.78 for statutory interest, taking into account the severity of the injuries and the duration of our client's physical and emotional suffering as a result of the work accident that occurred. The court rejected the employer's objections in their entirety. 

The employer filed an appeal against the decision, arguing that the decision was incorrect, due to a violation of the law and unfoundedness, and that the worker had shown gross negligence, which led to the accident. 

The decision of the Court of Appeal 

The second instance court, after assessing all the evidence collected in the case, confirmed the first instance decision with minimal corrections, and the employer's arguments were again not taken into account by the court.  

Conclusion 

The outcome of the case in favor of our client, as a worker, highlights the importance of the right to compensation for work-related accidents and the observance of safe working conditions by employers. This decision not only ensures fair compensation for the injured worker, but also sends a clear message about the responsibility of employers when work-related accidents occur.  

If you have also suffered a work accident and need legal assistance, do not hesitate to contact us. contact our team by experienced lawyers and jurists.