A teenager’s positive attitude to adversity has stunned a sentencing session where his employer was ordered to pay $83,000 for the leg injury he received on his fifth day on the job.
Counsel for the employers, Benchmark Construction Ltd, Diana Hudson, described the 17-year-old’s victim impact statement as “astonishing”.
Christchurch District Court Judge Brian Callaghan said he had “hardly ever been so impressed” as he was by Jack Fairmaid’s resolve to go forward and his view of life in general.
The company had admitted failing to take all practicable steps to ensure the safety of an employee at work in the accident at a Kaiapoi subdivision on January 16, when a bucket fell from an excavator and landed on Fairmaid, who was working in a trench, badly breaking his leg.
Judge Callaghan fined the company $43,000 and ordered it to pay the agreed figure of $40,000 to the victim to ensure his education.
Fairmaid wants to qualify as a mechanical engineer. At the time of the accident he was a Christchurch Boys’ High School student who began the work as a holiday job on January 12.
Counsel for Worksafe New Zealand which brought the prosecution, Jacinta Bowe, said the hazard was the inadequately secured excavator bucket.
The excavator was an unfamiliar, hired machine but the company had failed to identify the new hazard by ensuring the bucket was properly attached to the excavator arm.
Hudson said Benchmark had been impressed from the start by Fairmaid’s attitude the job and his keenness to learn. His victim impact statement had been astonishing.
“His articulation of his positive attitude is outstanding,” she said. The company’s directors had been devastated by what happened and the consequences for the teenager.
Fairmaid was at court but his statement was read out by his father, Shane Fairmaid.
Jack detailed how the injury occurred and how the blood-loss made him think he would die. He described the long road to recovery, the series of surgeries, and his milestones.
His father said he had been informed by St John Ambulance staff that the actions taken at the accident scene by young Benchmark staff had “more than likely saved Jack’s life”.
Jack Fairmaid said he was not angry at anyone after the accident that wrecked his leg with a massive wound and fracture. He realised he could do most things he could do before – but with restrictions.
He would be susceptible to arthritis and could no longer play rugby.
He had been told he should not ride his motorcycle, but he planned to put on a leg brace and do that anyway. “I wish them luck in trying to stop me doing this,” he said.
Judge Callaghan said: “Hardly ever have I been as impressed as today on hearing about Jack’s view about life in general and his resolve to go forward and put this all behind him.
“Such a positive attitude is reassuring. No doubt it is in part because of a supportive family.”
He noted that Benchmark was a family-based business. It is based in Alexandra, Central Otago.
The accident happened with an unfamiliar machine, when the safety pin was not engaged and there had been no instructions given to staff about it.
“The company has accepted its responsibilities,” he said, imposing the penalties.
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