Court holds Sjóvá liable for fish-plant worker’s fall

Reykjavik District Court has recognised Sjóvá-Almennar tryggingar’s liability for injuries suffered by a Vísir employee in a workplace accident in March 2023. The ruling, reported by mbl.is, found that shortcomings in a step at the fish-processing plant amounted to negligence by the employer.

The man was injured on 31 March 2023 while working beside a machine in the processing hall of Vísir’s fish-freezing plant in Grindavík. After checking the machine, he began to climb down from the steps and fell. He was taken by ambulance for examination and diagnosed with a ruptured Achilles tendon. The parties did not dispute that the accident caused permanent injury.

The man sought recognition of his right to compensation under Vísir’s voluntary liability insurance with Sjóvá. He argued that the steps were inadequate, with a narrow tread made slippery by fish waste and water, and that there was no handrail. Sjóvá denied liability, saying it had not been shown that the accident resulted from conditions or conduct for which the employer was responsible. The insurer also pointed to inconsistencies in the man’s account and a previous Achilles tendon rupture, and argued that the fall was an accident or the result of his own negligence.

The court reviewed two video recordings of the accident and visited the workplace. Three Vísir managers and a former employee gave evidence, but none had witnessed the fall. The Occupational Safety and Health Administration had not investigated, despite being notified.

The footage appeared to show the man turning and starting to descend. He seemed to miss the lower step with his right foot and fall. The court found it most likely that he had slightly lost his footing while stepping down, missed the lower step and fallen. It said the upper step was very narrow and the lower one shorter, making it possible to miss when stepping down. A handrail installed after the accident would help prevent such a fall.

Although the court noted that workplace safety was generally well maintained, including slip-resistant flooring and appropriate footwear, it said that water and fish waste could create hazards in the processing area. It concluded that the condition of the steps on the day of the accident amounted to negligence by the employer. The man’s actions did not constitute gross negligence, although the court said he could have taken greater care because he knew the working conditions.

The amount of compensation was not considered in the case. The Insurance Complaints Board had previously found that the man was entitled to compensation under the liability policy.