A LAVERTON North cold storage company has been ordered to pay more than $325,000 in compensation to an employee who suffered mental health problems after the death of a co-worker.
WorkSafe Victoria argued Oxford Cold Storage’s negligence was to blame for the fatal accident and for post-traumatic stress suffered by another worker.
The County Court last month heard that Rahman Memishi suffered post-traumatic stress disorder and depression after Stephen Peluso, 38, was killed in April 2005.
Mr Memishi was driving a forklift loaded with two pallets of butter at the Hume Road factory when Mr Peluso walked in front of it.
Pallets fell off the forklift and onto Mr Peluso after Mr Memishi was forced to brake suddenly.
Mr Memishi made a successful $301, 903 claim to WorkSafe in August 2005.
In the trial, WorkSafe sought an indemnity from Oxford Cold Storage due to a breach of occupation health and safety standards, including traffic management plans and day-to-day supervision of employees.
A WorkSafe investigation found the company did not have an adequate traffic management system at the time.
Psychiatrists provided conflicting reports of Mr Memishi’s mental state since the fatal accident. Dr Paul Kornan found he was fit for work in 2010, and attributed a “lack of motivation” to his failing to return. Another from September 2011 stated there was still notable depression and he had “continuing nightmares and flashbacks and a lack of confidence”.
Judge David Brookes ordered Oxford Cold Storage pay a total $326,047 for medical expenses, past losses and another year of future loss, including superannuation, while Mr Memishi returns to the workforce.
WorkSafe data reveals forklifts have been involved in the deaths of 56 people in Victoria since 1985. Of those, 30 were pedestrians hit by a forklift or a falling load.
WorkSafe’s general manager of health and safety Lisa Sturznegger said high standards of traffic management were critical in industrial warehouses.
