Funeral home ordered to pay $.7m for workplace injury

A funeral home has been ordered to pay a former employee over $786,000 in damages after a High Court ruling found the company liable for negligence, breach of statutory duty, and failing to provide a safe work environment.

Justice Ricky Rahim delivered judgment in favour of former handyman/driver, Hardath Maraj, who suffered two severe back injuries while performing lifting duties at the funeral home.

Maraj filed the claim on March 29, 2022, seeking damages for injuries sustained in two workplace incidents — one in 2017 and another in 2020 — which left him unable to work full-time.

He alleged that the Simpsons Memorial Ltd failed to provide adequate training, equipment, or assistance, leading to his injuries.

The first incident occurred on July 7, 2017, when Maraj and a co-worker attempted to manually lift a deceased body weighing over 200 pounds onto a trolley.

During the process, the co-worker suddenly released his grip, forcing Maraj to bear the full weight, resulting in severe back pain.

The second incident happened on December 29, 2020, when Maraj was instructed to remove another heavy body from a freezer and place it on a table. Despite reminding his supervisor of his prior injury, he was forced to comply, leading to a re-aggravation of his back injury that caused him to collapse.

After the 2020 incident, Maraj sought medical treatment, attended consultations with multiple doctors, and was later advised that he might need lumbar surgery due to the severity of his injuries. His employment was terminated in mid-2021 after the funeral home claimed he was unable to return to work.

Rahim ruled that the funeral home breached its duty of care to Maraj by failing to provide proper lifting equipment such as a body jack; issue protective gear like back braces, despite knowing Maraj had sustained a previous injury; ensure adequate staffing to assist with heavy lifting tasks; and implement safety policies to protect employees from foreseeable harm.

According to the ruling, an employer, at common law, owes each employee a duty to take reasonable care for his/her safety.

“The duty is a personal duty and is non-delegable…All the circumstances relevant to the particular employee must be taken into consideration, including any particular susceptibilities he may have.

“Subject to the requirement of reasonableness, the duty extends to employees working away from the employer's premises, which may include employees working abroad.”

Rahim also noted that although the funeral home later introduced safety measures, this was only after Maraj’s injuries had already occurred.

"The court finds that both in 2017 and in 2020, Maraj had not been issued with a back brace, although some employees had been," Justice Rahim stated. He further highlighted that the funeral home’s failure to stop Maraj from lifting bodies without a jack proved that no safety policy was in effect at the time.

In assessing compensation, the judge awarded Maraj $250,000 in general damages for pain and suffering, plus 2.5 per cent interest per year from March 2022; $536,586.50 in special damages for medical expenses and lost earnings, with 1.25 per cent interest per year from December 2020.

Maraj’s legal costs are to be paid by the funeral home.

Maraj was represented by Shawn Roopnarine and Ravi Pheerangee while Pamela Elder, SC, represented Simpsons Memorial.