By LYNAIRE MUNNINGS
Tribune Staff Reporter
lmunnings@tribunemedia.net
A NATIONAL Insurance Board (NIB) employee has lost her lawsuit against the agency after seeking damages for injuries sustained on the job.
Miranda Burrows had filed a Writ of Summons on March 4, 2015, seeking $362,660.72 plus interest and costs for physical injury, psychological injury, and economic loss. She claimed she suffered multiple medical conditions following her workplace accident.
“On March 13, 2014, around 11am, I was at work and walking on the ground floor of the NIB building when the heel of my left shoe caught in a hole or crevice in the floor, whereupon I lost my balance and fell,” the judgment said.
Burrows was taken by ambulance to Doctors Hospital, where she received treatment and had a procedure before being placed in a leg cast. Despite being given time off, she continued to experience “severe pain and discomfort” at the fracture site and in her back. By April 2015, she was still unable to return to work and became “very depressed”, noting that she had no prior back issues and attributed her condition to the fall.
Burrows remained away from work for five years, only returning on September 19, 2020.
NIB denied negligence, asserting that the agency had taken all reasonable steps to provide a “safe place of work”. It maintained that Burrows’ slip and fall was an industrial accident rather than an act of negligence. NIB noted that security staff take all reasonable steps to ensure that the premises are safe, including regular patrols and periodic inspection tours.
Both parties called witnesses to support their claims. Burrows presented testimony from Dr McKay Dean, Dr Bowe, and Dr Barrett, while NIB called Dr Whitfield, Mr Symonette, and Carol Woods.
Ms Woods, a senior manager in the talent management and capacity development department, testified that she observed Burrows wearing “stiletto heels” on the day of the incident.
“On cross-examination, she admitted that she observed the area where the claimant fell and did not notice any defects in the floor. However, she did admit that the accident report completed referred to the accident occurring due to the claimant’s heel being caught in a hole in the floor,” the judgment read.
The court also noted that Burrows has been receiving a disablement benefit of $731 per month since May 27, 2015, which is scheduled to be paid for life.
Justice Camille Darville Gomez ruled that NIB was not in breach of its duty of care to Burrows under the Health and Safety at Work Act.
“Section 7 of the Health and Safety at Work Act imposes, among other things, an obligation upon employees to take reasonable care for their own health and safety, as well as the safety of others who may be affected by their actions or omissions at work,” the judge said.
Justice Darville Gomez dismissed Burrows’ claim that NIB failed to maintain a safe workplace, concluding that the burden of proof was not met. She referred to a similar case, saying : “Employees have no duty to ensure that the workplace is risk-free. There are hazards in every workplace as there are in every household, and an employee does have the responsibility to take care of their own safety.”
The judge ordered Burrows to pay NIB’s legal costs in the amount of $3,500.
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