News / 10.09.19

Court verdict in favour of a union member: USD 17,500 – disability cost due to employer's fault

On July 25, the Sovietsky District Court of Minsk ruled to collect BYN 35,000 from the Mozyr assembly branch of the OJSC "Belsantekhmontazh Trust No. 1" in favour of Victor Rabenok, a former worker of the Trust, in compensation of his health lost in a terrible accident, and of suffered moral harm.

Victor, a resident of the city of Mozyr, had worked as a Category 5 fitter. Last autumn, he and his colleagues were returning in a company van from the Ostrovets NPP to Mozyr and, on the way, near the city of Osipovichi, they got into a serious road accident. At first, their bosses refused to recognize their traumas as industrial ones; and the victims turned to the independent REP Trade Union.

"After the received traumas, I spent more than four months at hospital. Now, I'm Category 2 invalid till the end of my life; I've lost 80% of my capability. The employer fired me because of my health condition. I've lost the sense of my future life," the 43-year-old Victor Rabenok tells his story.

Earlier, Leonid Sudalenko, the legal inspector of the REP Trade Union for the Gomel Region, had already helped the Victor to achieve the recognition of his traumas received in the accident as industrial ones. The insurance company has already paid him a lump sum premium to and appointed monthly insurance payments. However, the worker had asked the court to collect from the employer BYN 50,000 as compensation for the suffered moral harm. As a result, the court awarded him compensation in the amount of BYN 35,000. The interests of the employee at the trial were represented by the lawyer, Gennady Voronov.

"The court has heard our arguments: the worker had suffered both physically and mentally; and although the deceased driver of a private car was the culprit of the road accident, we appealed to the court for the compensation of the damage caused by two sources of increased danger. The behaviour of the owner of the private car at the trial looked somewhat anecdotal: he hired an advocate and asserted that his car had been hijacked by some unknown persons," Leonid Sudalenko has commented on the court judgement.

Although the first-instance-court judgement has not entered into its legal force, the trade union lawyer does not see any legal grounds for amending thereof.

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