Severely Injured HEP Worker Awarded Nearly €370,000 in Damages
Zagreb Municipal Labor Court rules employer bears responsibility for occupational risk, not just the attacker who threw the bomb.
Zagreb Municipal Labor Court rules employer bears responsibility for occupational risk, not just the attacker who threw the bomb.
A HEP worker, severely injured in a bomb explosion while performing his regular duties, has been awarded nearly €370,000 in damages by a court. The Zagreb Municipal Labor Court concluded that the employer, not solely the individual who threw the bomb, is responsible for his injuries.
The incident occurred in January 2021 in Pakrac. At the time, a 51-year-old driver was operating a truck equipped with a crane and basket, while his two colleagues were disconnecting electricity for a customer who had not paid his debt. As the basket lowered to the ground, the disgruntled customer threw an M-75 hand grenade from his balcony. One of the colleagues later recounted that he "initially thought a stone had fallen", but the grenade rolled toward them and exploded before they could turn around.
The driver sustained severe, life-threatening injuries to his head, eye, and abdomen. Fragments entered his skull and abdominal area. What followed was nearly continuous treatment in a series of hospitals, but the consequences remain permanent: he has lost function on the right side of his body, his speech is severely impaired, he has developed epilepsy, and he suffers from chronic kidney disease requiring dialysis. A court-appointed expert assessed a permanent reduction in general, life, and work capacity of 90 percent. It was concluded that he permanently requires assistance from others for eight hours a day.
The attacker was finally sentenced to 12 years in prison in criminal proceedings for three counts of attempted murder. In the civil proceedings, HEP defended itself by arguing that it bore no liability for the damage because it was intentionally caused by a third party over whom the employer had no influence, and that all workplace safety measures had been implemented. The court rejected this defense. The court assessed that disconnecting electricity for non-payers naturally carries a foreseeable risk of conflict, as workers arrive as the only visible point of the system before frustrated and angry customers. According to the court's conclusion, the employer was also aware of this danger, as employees had previously received threats, and in one case, police escort had even been requested for a disconnection. Therefore, in the court's view, the bomb throwing does not constitute an external event but an occupational risk that falls on the employer.
HEP has been ordered to pay the driver €173,752 in damages, an additional €86,094 for already provided assistance and care, and a monthly annuity of €2,220 as long as conditions for it exist. Added to this are procedural costs of €105,645, bringing the total to nearly €370,000. The judgment is not final.
In a separate case, Hrvatska elektroprivreda won a court dispute against a customer named Patricia from the Cestica municipality area. She had not settled her electricity bill of €66.65 for years. Due to her failure to respond to warnings, the proceedings concluded with a judgment in HEP's favor, and the small debt grew into a total issue of around €300.
