Poll worker suing Town of Swansea after reported injury on election day

Attorney Steven P. Sabra of Somerset has announced that he is pursuing the Town of Swansea on behalf of his client, Susan Donais of Swansea, who, according to Sabra, was injured during the June 22, 2020 election day at Case High School while working as a poll worker.

Donais has worked the polls for the Town for many years, according to Sabra. She was paid $12.75 per hour. Attorney Sabra stated that she was injured in a fall that was caused by a floor covering placed by the Town over the gymnasium floor to protect it during the election foot traffic.

“The floor covering was improperly laid out and Ms. Donais tripped on it fracturing her shoulder and knee cap, among other injuries. She has incurred numerous medical bills as a result of those injuries.”

Attorney Sabra said that, initially, he pursued a workers compensation claim since Ms. Donais appeared to be an employee, albeit, an occasional one. That was reportedly denied. Sabra also sent a notice to the Town under the statute, Chapter 258, that covers negligence actions against the state or municipality, alleging negligence on the part of the Town for the improperly applied floor covering.

“No response from the Town has been received to date.”

Sabra, on August 20, 2020, filed a claim on behalf of Donais with the Department of Industrial Accidents seeking to have her medical expenses covered under that system.

“It’s only fair to have them pay for the medical expenses of a poll worker that they paid to work on election day,” said Sabra.

Sabra also stated that his motivation in bringing this matter to the attention of the public is because of the impending important elections that are coming up this fall.

“At a time when municipalities want to recruit more poll workers who will have to face potential COVID-19 exposure with the voters, those workers should not have to worry that the premises where they have to work is a hazard as well,” said Sabra. He added, “I hope the Town wasn’t more concerned about the floors than the poll workers and voters who go to the high school to vote!”

Fall River Reporter contacted the Town of Swansea and a Swansea Selectman for a response and had not received a reply as of this writing.