A funeral home has been ordered to pay over $800,000 in compensation to a former employee, who seriously injured his back while lifting heavy bodies several years ago.
High Court Judge Ricky Rahim ordered compensation for Hardath Maraj as he upheld his negligence case against Simpsons Memorial Limited, last Friday.
Maraj was employed as a driver/handyman in 2015.
He claimed that he first injured his back in June 2017, when he and a colleague were lifting the body of a deceased person, who weighed in excess of 200 pounds, and his co-worker dropped the body forcing him to bear the full weight.
He claimed that although he felt a severe and sharp pain in his lower back he continued to work.
Maraj claimed that in late December 2020, he felt a similar pain in his back while lifting another heavy body and fell down.
Maraj was provided sick leave after the second incident. When he returned to work he was assigned to the night shift but refused as he claimed that he had another job during the time period.
He then stopped showing up for work as he cited his back injury.
Maraj only revealed details of the two incidents when he was called to a meeting to discuss his absence from work in March 2021.
In his lawsuit, Maraj claimed that the company was negligent as it failed to take all reasonable steps to ensure his safety while on duty.
In deciding the case, Justice Rahim ruled that the 2017 injury occurred despite it not being initially reported by Maraj.
"The court finds there to be more than ample evidence that makes it more likely than not that the first incident in 2017 in fact occurred and that Maraj is not making it up," he said.
He also upheld his claim that he was asked to move a body by himself despite citing his previous injury in 2020.
Justice Rahim ruled that the company was negligent in exposing Maraj to damage or injury and failing to have co-workers assist him after the first incident. He also found that the company failed to provide sufficient safety equipment including back and arm braces and manual lifting tools.
In deciding on the appropriate compensation for Maraj, Justice Rahim noted that he was deemed 35 per cent permanently partially disabled due to his back injury.
Maraj was awarded $250,000 in general damages.
The bulk of the compensation ordered by Justice Rahim stemmed from Maraj's claim for future loss of earnings. He was not awarded for loss of earnings during the period he stayed away from work as he admitted that he had another job that did not require heavy lifting during that period.
Justice Rahim assessed it at $528,586.50 which was based on Maraj's salary less expenses for 10 years.
The company was also ordered to pay Maraj's legal costs for the lawsuit.
Maraj was represented by Shawn Roopnarine, and Ravi Pheerangee. The company was represented by Pamela Elder, SC, and Richard Thomas.