[Summary translation prepared by Business & Human Rights Resource Centre]

Decision № 119157999, 21.05.2024, Zhovtnevyi District Court of Kryvyi Rih City

On December 8, 2023, the plaintiff sustained a serious workplace injury at Yuvileina mine, operated by Private Joint-Stock Company Sukha Balka (hereinafter Sukha Balka). The injuries included: traumatic crushing of the right foot, open comminuted fracture of the middle phalanx of the 4th toe (right foot) with bone displacement, extensive scalped wound of the sole, open fracture of the 4th metatarsal bone with acceptable bone alignment, soft tissue ischemia and necrosis of the 4th and 5th toes.

According to the official accident investigation report, the incident involving the acting deputy head of site No. 7 at Yuvileina mine was recognized as work-related.

Due to the injury’s worsening condition, the Medical-Social Expert Commission (MSEC), on April 3, 2024, determined the plaintiff had a 65% loss of professional work capacity and granted Group II disability due to an occupational injury.

The court partially upheld the plaintiff's claim for moral damages. Sukha Balka was ordered to pay 280,000 UAH in moral damages related to the loss of work capacity due to the workplace accident, without deductions for taxes or other payments.