Obligating a company to pay 350 thousand dirhams in compensation to a carpenter

The negligence of a company in providing security and safety measures for workers caused the injury of a worker while he was using an electric saw to chop wood.

In the details, a worker filed a lawsuit against a company, demanding that it pay him two million dirhams in compensation for the material and moral damage he sustained, noting that he was working as an “armed carpenter” for the company, and while using an electric saw for cutting, the saw bounced on him and resulted in severe injuries. Permanent disability, in addition to the material damages he suffered and his inability to earn, which affected his sources of income as well as psychological and physical pain, grief, sadness and depression.

The company was convicted under a criminal judgment and a fine of 7,000 dirhams, and his claim was supported by a photocopy of medical reports showing the injuries he sustained, and a certificate of the finality of the penal judgment, while the company’s lawyer submitted a reply memorandum demanding that the case be rejected, turn around the final medical report and refer the case for investigation to hear witnesses regarding the provision of Security and safety means and tools for the plaintiff.

The court stated in the merits of the ruling that what was established from the penal ruling was that he had decided in his presence to convict the company and fine it 7,000 dirhams, as it had caused by mistake to injure the plaintiff, and that was due to its violation of what the principles of the profession dictate to it that it assigned him to work on the site and did not provide the means of security and safety, and therefore the availability of a corner Error in the right of the defendant, which is the common basis for criminal and civil lawsuits.

The court turned its attention to the company’s objections to the medical report, and does not see the delegation of a medical committee to explain the percentage of disability, in which the doctor indicated that the percentage of disability is in the benefit of the brain 50%, in the benefit of the nose is 5%, and the rate of incapacity is 40% in the benefit of the upper left limb, noting that these injuries are left behind. Various percentages of partial disability in which he is entitled to a government of justice as well as compensation for wounds, cracks and scars, in addition to what this affected him in his work and his ability to earn, as he is 36 years old.

The court ruled to obligate the company to pay the plaintiff an amount of 350,000 dirhams in material and moral compensation for the damage he sustained, with a delayed interest at the rate of 5% annually.

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