CourtTrial sourrounding 2016 work accident in Colmar-Berg

RTL Today
A 58-year-old man was seriously injured after an awning hit a supporting strut and destabilised the man standing on top of the scaffolding.
© Cité judiciaire2

In February 2016, a serious work accident occurred at the drivers' training centre in Colmar-Berg.

The accident occurred when an awning hit a scaffold on its way out. The 58-year-old worker standing on top of the scaffolding fell 7 metres and was seriously injured in the process.

On Monday, the trial against the 39-year-old head of a construction company started in Luxembourg City. The defendant argued that he wasn't the only one to blame for the accident.

Even though he acknowledged that he was responsible for the welfare of his employees, the business owner pointed the finger towards the health and safety coordinator. The defendant claimed that he was at least as much - if not more - to blame for the 2016 work accident.

The judge rebuked this claim, arguing "You should have seen that the scaffolding had been put up against the awning and should have made sure that the automatic folding out mechanism was turned off."

The defendant conceded to this, but pointed out that it was the first time that his company was involved in a serious work accident.

At the beginning of the trial, the victim explained that he was busy dismantling the scaffolding when it suddenly started moving. As he was standing on top of the structure, he was wondering where the movement was coming from when he suddenly noticed the awning folding out. He tried to jump, but before he knew it he was already on his way down. To this day, he is unable to carry out manual work and is still on sick leave.

After a accident insurance representative demanded about €268,500 in compensation money, the prosecution agreed that negligence was to blame for the accident. Because of this, the prosecution demanded a proportional yet dissuasive penalty.

A verdict is expected on 25 January.

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