Maria Kamysz was returning from work on March 6. She had been taking the same route for eight years: along the pavement on Polna Street. It was already dark. She tripped and fell backward. A colleague helped her get up. When Maria went to the doctor, it turned out that she had a broken spine. On March 19, she was admitted to hospital.
The road and pavement on Polna Street belong to the District Roads Authority, an institution subordinate to the District Office. The pavement is cracked and uneven, making it difficult to maintain balance on it. It is suitable only for replacement. “The employees of the District Roads Authority committed gross negligence in their duties,” says Zbigniew Zawada, an insurance specialist and Maria’s representative.
Maria Kamysz now uses a wheelchair. Her left arm is impaired. Her daughter takes care of her hygiene. “I am gradually losing the ability to walk altogether,” Maria complains. – “I need care; I am completely dependent on others. The simplest act of attending to a bodily need is like an expedition to Mount Everest.” Moreover, a cavernous hemangioma, a benign tumor, has appeared at the site of the fracture. The injured woman does not want to talk about the accident itself. “I am trying to forget about it, but unfortunately, it is impossible,” she admits.
She reported the incident late, after several months. She did not know that what had happened to her could be classified as a workplace accident. This does not change the fact that, since the accident, the resident of Żwirki i Wigury Street has had significantly greater needs. A rehabilitation therapist visits her from Monday to Friday. Medication and care are necessary. Unfortunately, all of this costs money.
The problem is that the District Disability Assessment Team ruled that the injured woman is not a person with a disability. This was all due to an amendment to the regulations. “In post-traumatic cases, assessments are made after treatment has been completed,” Małgorzata Goleńska told Boleslawiec.org. Maria, however, will have to undergo rehabilitation continuously. For the injured woman, the district authority’s decision means the refusal of a nursing allowance and care from another person.
According to Zbigniew Zawada, the specialists from the District Disability Assessment Team behaved like officials, not doctors. “A regulation is a regulation, but that does not exempt anyone from thinking,” Zawada emphasizes. – “If Maria needs care and uses a wheelchair, then what? She is not a person with a disability?!” In any event, Maria Kamysz’s representative has already appealed the decision. The case is now being reviewed by the Voivodeship Disability Assessment Team.
Maria Kamysz is also seeking compensation from the District Roads Authority. However, on November 28, a letter arrived in which the DRA authorities stated that they found no grounds for paying the compensation in the amount Maria had demanded.
The case will probably end up in court.
(GA report)