Support worker awarded €33,160 in damages

Nathalie Ciancio, a former support worker, was awarded €33,160 in damages over an occupational incident, where she was assaulted and injured by a patient back in 2004.

Between 6 December 2002  and 29 July 2005, the 47-year-old woman was employed as a Support Worker and House Leader with Agenzija Sapport.

On 10 March 2004, Ciancio and her colleague Rita Borg were accompanying a patient for a medical visit at St Luke’s Hospital. The patient’s mother was also there. However, the patient became unsettled and assaulted both workers. The patient hit Cianco in her stomach, while her colleague was kicked away from his bed. Both claimed they were injured in the incident. Borg complained of pain in her neck, while Cianco claimed she felt a shock in her stomach followed by back pain.

Medical checks and MRI scans revealed the plaintiff had signs of a slipped disc. She was made to wear a neck collar and had to attend sessions at the pain clinic. Her injuries also hindered her from daily housework. Her injuries were corroborated by medical experts and physiotherapists who testified that Ciancio had suffered 10% permanent disability.

This was not the first time that the patient in question had become violent and a number of incident reports had been filed in this regard. The plaintiff argued that occupational health and safety regulations were not observed by her employers, leading to her injury.

The Court heard how three support workers were entrusted with the care of three patients at a residence run by Agenzija Sapport in Fgura. The three patients were a violent man who broke whatever he touched and who could barely be controlled by two carers, another solitary reserved male who took pride in teasing the other patients and a moody woman who would become hysterical if anything went against her wish.

As a house leader, Ciancio had repeatedly requested that a male worker in present in every shift. However her superiors refused her request arguing there was no difference between male and female workers.

Mr Justice Joseph Zammit McKeon decreed that Agenzija Sapport was responsible for the adequate protection of its employees and to ensure they staff was duly trained to perform their duties. Considering the outcome of the incident, the Civil Court ordered Agenzija Sapport to pay former support worker Nathalie Ciancio €33,160 in damages.