The accident occurred at the end of July 2014 at one of the companies operating in the economic zone in Wykroty (Nowogrodziec gmina). Tomasz Skiba from Gierałtów was mixing paint in a 1,000-litre tank. At one point, an explosion occurred.
Most importantly, a court-appointed occupational health and safety expert stated that the procedure used at the company for “mixing and diluting paint in a collection tank by pouring thinner into it was incorrect,” and that performing these activities “from the level of a stool constituted a gross violation of occupational health and safety regulations and principles!” Moreover, the expert concluded that Tomasz Skiba did not contribute to the accident. And that the employer was responsible for the incident.
The injured man remembers little of that day. He must have lost consciousness. His clothes certainly caught fire. Unfortunately, he was alone in the hall when the accident occurred. No one could help him, and no one saw the entire incident from beginning to end.
The man was first taken to the hospital in Bolesławiec. From there, he was sent to Lwówek Śląski. A doctor there arranged a place for him in the severe burns unit in Gryfice. An ambulance took him to Jelenia Góra, and from there he was transported by helicopter to the facility in Gryfice. As the now 33-year-old resident of Nowogrodziec gmina says, the doctor at the hospital in Lwówek saved his life.
He spent two months in Gryfice, including three weeks in critical condition. He underwent five skin grafts. When he left the hospital, immediate rehabilitation was necessary. A fortunate circumstance amid the misfortune was that an acquaintance of his is a physiotherapist and cared for him free of charge.
When he returned home, he was completely dependent on others for three months; he could neither dress nor wash himself. But, as he stresses, he is stubborn, so although he is right-handed, he learned, among other things, to eat with his left hand.
Things are somewhat better now, but he still frequently suffers from contractures. He is missing skin on his chest. Because of this, he has to walk hunched over, as otherwise he has difficulty breathing. (His airways were also burned as a result of the accident.) He has been assessed as having a 60 percent impairment of health. The result? Difficulty finding work. Physical work is, for obvious reasons, simply out of the question at this point.
The case of Tomasz Skiba was taken up by Zbigniew Zawada, owner of the Bolesławiec-based Ronin Office. The result? A final judgment by the court of appeal and substantial compensation for the injured man. Compensation that he has yet to receive.
“The employer has a final judgment requiring it to provide the benefit to Tomasz Skiba,” Zbigniew Zawada tells istotne.pl. “The employer’s insurer’s representative also participated in the proceedings. At present, the employer is not complying with the judgment, while the insurance company believes that the employer must pay and that they will reimburse it.”
Mr Skiba has already been waiting two months for the compensation. The total amount is approximately PLN 200,000. “The employer hid money from its accounts; the bailiff is searching for assets,” says the injured man’s representative. “The state takes money from the employer in the form of, for example, taxes, but cannot enforce the judgment.”
According to the owner of the Ronin Office, this case involves both the “employer’s bad faith” and the “insurance company’s traditional sharp practice,” as the company claims that it is not a party to the case but a so-called auxiliary intervenor. Zbigniew Zawada announces that he will submit a letter to the prosecutor’s office.
Importantly, the company in question continues to prosper; it is not on the verge of bankruptcy. The German owner also has several plants in his home country. The facility in Nowogrodziec gmina is not short of orders either.
The injured man himself adds that he has become a bundle of nerves. And that he wants this nightmare to finally end.
We will return to the subject.