At the beginning of last year, resident of Jelgava Dmitry was working at the company L-Būvnieks, which was tasked with construction work in Ozolnieki. On that fateful morning, Dmitry could not have imagined that he would soon find himself in the hospital, as reported by the Bez Tabu program (TV3).
In the morning, the installation of a metal beam in a partition made of expanded clay blocks was planned. Dmitry and a colleague climbed up to the scaffolding at a height of four meters and waited for the beam to be lifted by a forklift.
"We needed to install a metal beam. The factory provided its forklift with a driver; we didn’t have our own. We called the driver a Moldovan, he was a migrant worker. We worked together on various tasks. He lifted the beam to the right place, we said — leave it and move away. He didn’t lower the 'forks'; everyone was shouting for him to lower them, but the driver continued to move away. The ends of the 'forks' hit the beam, it flipped over. It caught me by my jacket. I flew down. I only managed to turn on my side. I broke my elbow, fractured my pelvis and femur. I didn’t lose consciousness; I lay still," Dmitry recalls.
Medics urgently transported the man to the hospital, where the hip bone was reinforced with a metal rod and screw. While still in the hospital, Dmitry received a call from his boss.
"Dmitry, how are you? You will be asked questions by the labor inspectorate; say that another person was operating the forklift. Then we will settle up. We have been working together for a long time, like friends," the victim reported.
According to Dmitry, representatives of the State Labor Inspectorate did not inquire about him for about a month and a half. Living just 200 meters from the inspectorate, he, having somewhat recovered, went there himself with crutches.
"They showed documents, photos of the new forklift driver. I realized that this was the one my boss mentioned. I confirmed everything, explained how it happened, except for who was driving. I went home and realized that the employer was no longer in contact, not interested. I was cheated. Then I called the inspectorate again and said that I wanted to change my testimony — and after the holidays, I did it. All the colleagues I had worked with for years turned away. I thought they were friends, but it turned out — no," the man clarified.
Soon it will be a year since the incident, and the victim still has a sick leave sheet. According to Dmitry, the employer does not acknowledge his guilt in the incident and ignores the labor inspectorate's directives, according to which he is responsible for the accident. The law prescribes that in such cases, the victim should receive compensation equivalent to one month's salary.
The head of the Zemgale Regional Labor Inspectorate claims that inspectors arrived at the scene three days after receiving information from the police. He denies that the victim's testimony was neglected for a month and a half.
"We indicated in the report that incorrect methods were chosen — this was the cause of the accident. Initially, there was no contact with the victim — he was in the hospital. At that time, as the inspector recalls, there was also a quarantine situation, and it was impossible to visit him in the hospital. When he was discharged, they contacted him, offered to come to his home, but he refused. After that, there was an agreement that he would come to the inspectorate himself and give testimony," clarified Andris Saulitis, head of the Zemgale branch of the State Labor Inspectorate.
The employer received a verbal reprimand, and when assessing the circumstances, it was not considered fundamentally important who exactly was operating the forklift. Dmitry claims that surveillance cameras were installed at the workplace; however, the employer informed the inspectorate that there were no cameras.
The management of LLC L-Būvnieks refused to meet in person and sent a written response.
"The construction company currently does not consider itself guilty in the accident that occurred; however, understanding the difficult situation of the Worker, it is ready to help him in this challenging situation. The company tried to make such an offer, but unfortunately, communication did not take place, and the Worker decided to file a lawsuit. The company is still willing to provide assistance but intends to draft a separate act in which the parties will agree on the amount of compensation and other details if legal proceedings have already begun," stated Igor Loginov, a board member of LLC L-Būvnieks, in the letter.
Dmitry himself, in turn, points out that it is the employer who is ignoring him, which is why he turned to the court.
