Payout offers help to struggling family

Foxton Beach man Paul Anderson’s life will never be the same, but at least his family can now take comfort in knowing somebody has been held accountable for his tragic circumstances.

Anderson was driving an excavator at the Raurimu Spiral on June 17 last year when he was hit by a train. His injuries were, unsurprisingly, devastating.

Anderson suffered severe brain trauma, leaving him unable to move, speak or eat. The impact punctured both of his lungs and caused blood clots and chest trauma.

Even a year on, the danger of contracting pneumonia is an everyday risk for Anderson.

He is still living in the Acquired Brain Injury unit in Porirua, where seemingly simple tasks, like swallowing his own saliva, have become a major challenge.

It must be heartbreaking for Anderson’s loved ones to see this formerly strong, fit and ablebodied man now reduced to a shadow of his former self.

Their crusade to get justice had its greatest victory this week when KiwiRail was ordered by an Auckland district court judge to pay Anderson’s partner Vashti Faulkner and his parents a total of $110,000 in compensation.

Kiwirail was sentenced on charges under the Health and Safety Act of failing to ensure Anderson’s safety at work.

A ‘‘communication breakdown’’ led to Anderson not being told to get off the tracks in time. This was just one of a litany of failures on the day, which included the digger being on the tracks without permission, the lack of a staff briefing that morning, and the designated Rail Protection Officer not being qualified to handle multiple activities on the site.

The protocol of clearing the tracks in the event of a train coming past also appeared to be sloppy at best.

If there is any positive outcome to emerge from this, it’s that processes around this type of behaviour near tracks have been formalised.

Speaking outside court, Faulkner said it it was not a matter of money. It was about ensuring something like this did not happen again. ‘‘You should be able to go to work and know you’re not going to die’’, she said.

Anderson may not be dead but his life has been altered in a way few of us could even comprehend.

The payout will never replace what Anderson’s family have lost but it will at least provide them with a helping hand as they prepare for their new way of life.