Injured man not angry at former employer

Daniel Figueroa
Daniel Figueroa
A man whose arm was crushed in a factory machine said he has ''no anger'' towards his former employer but is not convinced the company has been sufficiently punished.

Daniel Figueroa (20) suffered life-changing injuries after his right arm was trapped in a press oven at Remarkables Tortillas, in Queenstown, for 20 minutes in November 2016.

He was in Queenstown District Court on Monday when Miller Foods Ltd was sentenced.

The company admitted a charge prosecuted by WorkSafe New Zealand of failing to ensure the health and safety of Mr Figueroa by exposing him to risk of death or serious injury.

It was ordered to pay $52,000 in reparation to Mr Figueroa.

Judge John Brandts-Giesen said a fine would amount to $337,500 but the company was not required to pay it, or WorkSafe NZ's costs.

He suppressed details of the company's financial position.

Mr Figueroa said he was ''happy'' with the amount of reparation and could understand the judge's reasoning, which he heard in court.

''But then, it's not very much of a loss to them; they've just had to pay me.

''They've had to go through a lot since the accident but it's not a huge loss to them.

''I understand why they're not paying but it's not ideal,'' Mr Figueroa said.

He hoped the conviction at least would serve as a message to other employers to protect their workers.

WorkSafe legal counsel Natasha Szeto said the machine, imported from Mexico, was ''inherently dangerous'' and the company did not have sufficient health, safety and risk management procedures in place.

Mr Figueroa said: ''They didn't have bad intent ... they just didn't have the right things in place that could have prevented it.

''But there's no anger towards them.''

He actually managed to turn off the machine after about 20 seconds but then had to wait for other workers to find him.

''I passed out once they took me out of the machine, but I was conscious through it because I wanted to get out.

''At the beginning it was quite scary remembering it, I had a few nightmares, but it's been a while now. I just try not to think about it so I can get over it.''

Afterwards, needed a series of operations to treat a broken arm, burns, and a hole in his elbow.

Since then, he has had the tips of the three middle fingers of his right hand amputated down to the first knuckle and cannot rotate his wrist.

''That's a big problem,'' Mr Figueroa said.

''I can't reach my face, can't brush my teeth, eat, drink, can't shave, all with my right hand.

''I can do them with my left hand but I'm right-handed.

''It's been a long, difficult process, quite frustrating, especially at the start.''

The former Wakatipu High School pupil, now studying political science at the University of Canterbury in Christchurch, wants to move forward with his life.

''I'm happy it's all over.''

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