Rights to compensation, not alms and charity
This is not the Victorian age, but the people who are putting up Gensna are collecting charitable donations for the victims of the collapsed space-frame over the stage where the performance is to be held.
Donations? Charity? There’s professional culpability. If those victims decide to sue, they can do so and they have a case. A collapsed space-frame is not an act of God.
I’m surprised no newspaper has asked whether the usual police investigation is underway, or whether the police commissioner, under instruction from Do You Know Who I Am, has decided there’s no need for one. You know, because the company setting up the space-frame is Nexos.
And to make matters more fascinating still, the man who is now running Nexos, the company with the collapsing space-frame, since Silvio Scerri gave up all that to manage Manuel Mallia’s ministerial business, was appointed to the Police Board by those same two (how cosy).
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Most probably they hope that the charity money will fob off any potential compensation claim.
There seems to be a catch in this. If the victims accept charity contributions from the organisers, will they still be untitled to compensation?
entitled to compensation
Can you imagine the pressure they must be exerting on the victim to keep his mouth shut?
The trade unions should also speak out, irrespective of whether the victims are their members of not.
A question that should be asked. Does the company for whom this man works insure its employees against possible accidents? If so he should be entitled to compensation. Also would he forfeit compensation if he accepts ‘charitable’ donations?
[Daphne – Entitlement to compensation does not derive from the existence or otherwise of insurance, but from employer-employee rights and obligations. In other words, that right/obligation/relationship exists independently of whether the company has insurance or not. If the company does not have insurance, it will have to use its assets to pay compensation, if found liable.]
Shouldn’t the OHSA (health and safety authority) investigate this incident, or are they too busy shoving an LNG tanker on Marsaxlokk residents?
Kindly note that the frame was NOT being set up by Nexos. The arched frame is part of the tent structure. Nexos staff were installing lighting equipment to this arched frame as lighting companies do for any production at MCCP – including MADCs panto held at the same venue.
Nexos staff were also injured in the incident.
Indeed MCCP and Nexos should be adequately insured for such incidents, which I am sure they are as they are professional companies. Nexos handles Malta’s largest show, Isle of MTV, and would not be able to touch it without adequate insurance cover.
If anything it’s President Abela making a fool of himself, which is nothing new.
David Borg is the executive producer of Gensna.
He also happens to be the Chairman of Wasteserv. A man of many talents its seems, or just a personal friend of Joseph Muscat has three sources of income paid by public funds ever since Labour was elected.
“A man of many talents its seems”
Either way he always seems to be dealing with trash.
Where is the OHSA?
This is not acceptable; the family should get a lawyer and sue somebody’s pants off.
It would really expose a lot of hypocrisy if it turns out that the unfortunate worker didn’t even have a contract of employment and was doing precarious work.
I express solidarity with the injured workmen. But come to think of it, were not the premises, the owners, insured against third party liabilities and injuries? Nowadays the grocery shop round the corner does take out such a policy of insurance. Will the workmen benefit from such a policy in this case?
Should be MFCC not MCCP
As we all know, the workmen who sustain injury in the course of executing their duties, shall be subject to compensation from the Social Security Department. This arises from the fact that all employees are legally obliged, as are employers, to pay social security contributions.
It may not be a hefty compensation but it is there for the occasion.
Now in such a venue as the Ta Qali Centre, the owners would be foolish not to take out a policy of insurance. A policy that indemnifies them from claims to injury compensation from employees or third parties injured on the premises. Costs of compensation nowadays is quite considerable and could have serious effects on the cash of the company or person forking it out.
Then obviously, there is the solidarity shown by all others.
This usually takes the pecuniary form as is the case here. The thing is that while all three possibilities are worth commending, it will be a sorrowful, disgusting thing if anyone is going to attempt to make this “beneficiary collection” a political event where some Minister or VIP turns out on media to be shown presenting the cheque.
Solidarity of workmen with fellow workmen is to be expressed by the workmen themselves and none other for any other purpose or personal gain.
Peppi and Lou should have hosted a Xarabank program on this issue and not help promote Gensna whilst the injured worker is to be given peanuts as charity.
Imagine for a moment, if you can, that it was a Nationalist government that was organising a propaganda concert, calling it a “national event”. Imagine too that someone had been killed while working on a space-frame belonging to a bazuzlu company.
Imagine too, that the government had decided to go ahead with the show regardless.
The screams of “hnizrijiet” and “idejhom imcappsa bid-demm” and the protesti nazzjonali would have been loud enough to melt our faces.
If a structure collapses and somebody is hurt it is incumbent on the police to carry out an investigation.
If it is found that there was negligence by the designer and/or the contractor then criminal proceedings should be taken against the proper parties. This is irrespective of whether the victim insists on compensation or not.
Who is responsible for informing the police? Is there a time limit?
24hrs in case of grievous injuries.
10 days in case of non grievous injuries which keep him/her away from work for 3 days and over.
It’s against the law (the Voluntary Organisations Act) to collect donations without a permit and proper charity status. The commissioner of voluntary organizations is due to bound to investigate and take legal action.