Bosai offers $2M to injured employee whose medical bill costs $20M – victim files lawsuit

Nov 12, 2021 News

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Kaieteur News – Bosai Minerals Inc., a Chinese operated Bauxite Mining Company based in Linden is now the subject of a lawsuit after a former employee Fabian Anthony, filed an application alleging inadequate compensation for severe head injuries suffered while on the job.

Anthony was offered $2M as full compensation by the company but outlined in his court documents filed by his attorney, Eusi Anderson, that the amount represents a mere 10 percent of his medical bill. The medical bill, he claims has amounted to $20M. Fabian Anthony, who worked as a heavy-duty mechanic for the company has asked the court to award him in excess of $100 million for his injuries.
The 30-year-old father of four had been employed with Bosai Minerals Group Guyana Inc. for over a decade before “the life altering accident,” which occurred on February 2, 2020. According to court documents seen by this newspaper, Anthony claims that he was hit to the head by an object which became dislodged from a crane on that date.
The former heavy-duty mechanic claimed that he was injured although numerous complaints were filed with the company before, about workers’ safety.
As a result of the accident, Anthony claims that he suffered head injuries. He was knocked unconscious immediately and his skull was left visibly open. The court papers detailed that a further medical examination showed that the victim suffered severe head injuries including a massive puncture to the skull, left temporal epidural hematoma, right occipital laceration, left temporal bone open depressed fracture, cerebral contusion, and post-traumatic subarachnoid haemorrhage.
According to the documents, to fix the damage to his skull, Anthony underwent emergency surgeries performed by Guyanese Neurosurgeon Dr. Amarnauth Dukhi on February 2, 3, and 5, 2020 at the St Joseph’s Mercy Hospital but he still suffers long term medical issues as a result of the injuries. The claimant says he still experiences bouts of fainting, severe headaches, extreme forgetfulness, spatial displacement, and that he has amnesia of over 85 per cent of his life before the accident.
He claims that many nights, he wakes up violently screaming because of severe pain. Added to this, the victim claims that he suffered short term memory loss. He claims that there were moments in the first few months after the accident when he could not recall his children, his mother, his wife, which schools he attended or even who he was. Anthony claims that he had to be reintroduced to his children and told who they were to him because he had forgotten everything about them. In addition to the list of medical issues resulting from the injury, the father of four said that his sexual performance has also suffered by as much as 75 per cent.

Anthony stresses that as a married man, only aged 30, this is a serious issue with consequences that will last for decades. At present, the victim claims that he is financially embarrassed and unable to afford overseas medical care to restore his brain and bodily functions to the level they were before the accident. He says his salary from Bosai Group Guyana Inc. did not exceed $240,000 per month.
The claimant said that he worked for six days per week on 12-hour shifts. At this point, He is also unable to ascertain whether National Insurance Scheme or any other insurance, will be able to cover the costs for specialist medical care needed but only available overseas.
As a result, he has detailed in the Statement of Claim, that the estimated cost of his medical expenses including surgery overseas will cost at least $20M. This includes medical expenses for indefinite seizures prophylaxis and pain management. He calculates his loss of earnings to date to be about $15 million.
He wants in excess of $50 million for negligence of the company that resulted in the accident that has altered his life. The document noted too that Anthony’s lawyer (Anderson) prior to filing the lawsuit reached out to the Bosai Minerals Group to try and reach a reasonable term of settlement for his client. However, Anderson claims that Bosai has not accepted liability but has made an offer of settlement. The company outlined in a letter that it is offering Anthony $2 million as “full settlement” for his claim.
Anderson said that this is not even close to enough of what his client needs. The lawyer nonetheless noted that under the Common Law of England which is applicable in Guyana, the Bosai Minerals Group owes a duty to Anthony to take reasonable care to avoid acts or omissions which can reasonably be foreseen as likely to injure its employee.
Further or in the alternative under the Common Law, he contended that the company owes his client a duty of care to ensure that his work environment is free of all harms and hazards. Once the matter goes to trial, Anderson says that the negligent breaches of the company resulted in his client suffering severe head and general injuries will be highlighted in his pleadings.

 

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