In the Abai region, a court has ordered an employer to pay 4 million tenge in compensation for moral damages to a worker injured in an industrial explosion, reports infohub.kz.
According to the official Telegram channel of the Abai regional courts, the Zharma district court considered a civil case brought by the employee against the employer seeking compensation for moral and material damage resulting from an industrial accident.
The plaintiff had been working as a miner since 2021. In July 2024, an underground explosion occurred at a explosives warehouse on the mine's territory. As a result of the shock wave, the worker sustained severe bodily injuries.
According to the special investigation report, the commission found the employer 100% at fault and the worker not at fault.
The forensic examination concluded that the victim suffered serious harm to his health. Subsequently, a medical and social assessment assigned the plaintiff the third disability group.
The employer did not admit the claim, stating that payments related to health damage are made by the insurance company, and also believed that responsibility for the incident should be placed on a specific employee of the enterprise, not on the partnership.
In accordance with Articles 931 and 951 of the Civil Code, as well as Article 122 of the Labor Code, an enterprise whose activities involve a source of increased danger is obliged to compensate the moral damage caused to the employee, regardless of the presence or degree of its fault.
When determining the amount of compensation, based on the principles of reasonableness and fairness, the court took into account the nature and severity of the injuries, the duration of treatment, the establishment of disability and significant loss of professional capacity, as well as the moral and physical suffering of the victim.
The court ordered the employer to pay 4 million tenge in compensation for moral damages and the costs of the state fee.
The remaining claims were denied, as the submitted documents did not confirm that the claimed expenses were directly related to the treatment of the consequences of the work injury.