Injured worker sues for R2m

A Dimbaza man is suing his former employer for over R2-million after losing his arm on the first day of duty.

Mabhuti Swaartbooi started at School and Office Furniture on May 1 2008 as a general worker in Dimbaza. He was operating a cutting machine when his arm was pulled in and severely injured.

According to the particulars of his claim, doctors told him they had decided to amputate.

School and Office Furniture is cited as a defendant in the case together with Duncan Gower, a supervisor at the workshop.

“ as the supervisor at the time of the injury took it upon himself that he would claim ... from the Workmen’s Compensation Commissioner,” the court papers say. After the accident, Swaartbooi made attempts to find out from Gower how far the claim was, but there was no response.

In September 2010, Swaartbooi phoned the commissioner himself and learnt that Gower had never lodged any claim on his behalf.

However, it was too late to lodge the claim himself because the time to do so had lapsed.

“ is vicariously liable for the negligence of its employees. had a legal duty to report the injury,” the document reads.

Swaartbooi is claiming R2.1-million for general damages, pain and suffering, loss of amenities of life, permanent disfigurement, shock and loss of income.

Advocate Mike Maseti on Tuesday told Bhisho High Court judge Dawid van Zyl that his client was looking to be compensated the money he would have received from the commissioner.

Van Zyl said he was not sure how to determine how much the commissioner would have paid.

Maseti said he would have his instructing attorney find out.

Once the amount has been ascertained the matter will proceed.

There were no representatives in court for Gower. — siyab@dispatch.co.za

• Workers injured on duty should complete a claim form available from the employer.

For more information relating to health and safety at work phone (012) 666-8284, fax (012) 661-1411 or e-mail Tinus Boshoff at tinus@labourguide.co.za.