Case Study Of The Claimant Case

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In this case, the Claimant suffered two personal injuries during his employment on the 28th August 2007 and on the 10th June 2010. According to the Claimant, he was employed as a Perifocal Operator with the Ministry of Health, Insect Vector Control Division, Sangre Grande and he was at that location most of the working. While he was at work on the 28th August, 2007, he was operating a dynofogging machine at a client’s house when he fell from a balcony that had no railing and was five feet above the ground. In addition, from that he suffered injuries to his back, and his doctors advised him to only perform light office duties and not to go do field work. Likewise, from listening to what his doctor recommended, the Claimant was sent out on the field to work at Good Hope Extension Coal Mine, Sangre Grande on the 10th June, 2010. While walking along the muddy road from one client’s house to another, he slipped on a concrete slab which was unsteady. From the fall he got, his pre-existing back injury worsened. The Claimant declared that his injuries sustained were of the reason of negligence and or breach of statutory duty of the servants and or agents of the State. Furthermore, the Defendant stated that the Claimant was not a officially a Perifocal Operator but a Trainee as of 2003 and that he did not work on the 28th august,2007 but he reported to duty assigned to thermal fogging at …show more content…

An employer does not undertake that there will be no risk, but that such risks as there are, will be reduced so far as is reasonable. This duty is both a common law and statutory duty. For the purpose of comparison only (the Claimant not having pleaded breaches of the statute), statutorily, an employer’s duty encompasses all those at common law. Section 6 of the Occupational Safety and Health Act Chap 88:08 provide the general duties owed to an employee by an

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