Hurt farm worker sues
Man taking legal action over injured arms
A FORMER factory hand at a Far North banana farm who got both of his arms caught in a broken-down conveyor is accusing his former employers of negligence.
Roman Godlevskyi, 30, was working at Swiss Farms near Lakeland, about 250km northwest of Cairns, when the incident occurred in 2014.
In legal documents filed in the Cairns District Court, it said he was lifted about 3.5m off the ground on a forklift driven by his supervisor to inspect the still-operating conveyor when both of his arms became stuck inside.
Mr Godlevskyi has claimed he received soft tissue injuries and scarring on both arms and was no longer able to work in manual labouring jobs, and could work only part time since the incident. He also said he suffered pain, anxiety, depression and PTSD.
He is suing Swiss Farms, along with parent company Mt Sommerset Pty Ltd, for just over $647,000.
“Essentially the injury has made the plaintiff unable to work in fields in which he has skills or experience, particularly on a full-time basis,” his legal representatives said in the claim.
It alleged he could no longer use a screwdriver, had only half his usual grip strength and had difficulty lifting anything over 10kg.
Despite the injury occurring in 2014, the documents said he continued to work for Swiss Farms until 2016.
Mr Godlevskyi has claimed the company breached its duty of care to him and was also negligent.
As part of the allegation of breaching duty of care, the documents said there was “vicarious liability” for the actions of his supervisor and manager, including the failure to stop the conveyor before inspecting it and using the forklift as a lifting technique. It alleged the company was negligent for failing to have any work procedure in place for inspecting and assessing the conveyors in the packing shed.
The documents alleged there was insufficient supervision, “exposure to risk” and the conveyors were being used in a defective condition without guards or barriers in place.
The company was contacted for comment.
A court date is yet to be set.