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Home / New Zealand

Employer’s guilty plea after scaffolder lost both arms after electric shock in workplace accident

By Lane Nichols
Reporter & Deputy Head of News·NZ Herald·
21 Jul, 2023 05:00 PM5 mins to read

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Jahden Nelson in hospital with his children Valley Rose and Kaiser. Photo / Supplied

Jahden Nelson in hospital with his children Valley Rose and Kaiser. Photo / Supplied

Jahden Nelson’s 4-year-old daughter loves her father unconditionally and is fiercely protective of him, often telling people who stare: “Daddy’s got no hands.”

The West Auckland scaffolder had both arms amputated after suffering an electric shock during a workplace accident in April last year.

Now his former employer faces a fine of up to $1.5 million after pleading guilty this week to its role in the accident.

Nelson spent months in Middlemore Hospital’s burns unit and underwent dozens of operations after a metal pole he was holding touched high-voltage overhead lines on a Massey worksite while contracting for Supercity Scaffolding.

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The 29-year-old father of three is thankful to be alive, crediting his survival to the medical staff who cared for him and the unfaltering love of his partner Santana Tierney and their three children.

He finally moved home earlier this year and told the Herald he was slowly adjusting to his new life, which was much harder than he had anticipated.

Nelson was pleased about the company’s guilty plea, which was “another step in this journey”.

“My rehab has slowed since being home. I’ve been struggling to adapt to my new life with the effects of what happened to me. Especially being a father with young children, it’s hard being a dad without my mobility and my arms and hands.”

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Tierney, 24, said it was nice having Nelson back after so many months apart.

“But readjusting to life outside the hospital and our new normal has been really hard.”

Despite her partner losing both limbs, Tierney was thankful Nelson was still able to cuddle his kids.

“Jahden does have some length on his arms and he is still able to hug his kids and hold them with what he does have left.”

WorkSafe laid a charge under the Health and Safety at Work Act against CPA 2022 Ltd in April this year, just days before a 12-month statutory prosecution deadline.

The company’s sole director is Claire Attard.

Auckland scaffolder Jahden Nelson lost both arms after a workplace accident in April 2022. He is now learning to adjust to prosthetic limbs. Photo / Supplied
Auckland scaffolder Jahden Nelson lost both arms after a workplace accident in April 2022. He is now learning to adjust to prosthetic limbs. Photo / Supplied

The charge is that the company failed to ensure Nelson’s safety while he was dismantling scaffolding, exposing him to the risk of serious injury or death “from the interaction between workers and overhead electric lines”.

The maximum penalty is a $1.5 million fine.

The company was to have made its first appearance in court on Thursday. But a WorkSafe spokesman confirmed a guilty plea was entered this week, avoiding the need for the case to go to trial.

The company will be sentenced in November.

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Attard said the company had accepted its responsibility.

“As it is now awaiting sentence I don’t think it would be appropriate to make any additional statements outside of the court process.”

Attard was also director of Supercity Scaffolding at the time of the accident, but has since sold the company and is no longer involved in it.

Nelson suffered a heart attack, internal injuries and extensive burns when electricity ripped through his body.

Because of his injuries, he lost both arms and faces years of rehabilitation.

The experienced scaffolder earlier said he thought the power lines had been disconnected to safeguard workers and was stunned to learn he and his colleagues had been exposed to live wires.

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Tierney told the Herald Nelson still faced further surgery and the accident could have been avoided.

Nelson had begun using a prosthetic arm and is due to be fitted with another next week.

She said he was regaining his independence but progress was slow.

“It’s a change. It’s something that you don’t anticipate having in your life. It’s been hard for him that this is his new reality.”

High-voltage power lines visible above a West Auckland house where scaffolder Jahden Nelson suffered an electric shock. Photo / Supplied
High-voltage power lines visible above a West Auckland house where scaffolder Jahden Nelson suffered an electric shock. Photo / Supplied

Tierney welcomed news the company would now face justice.

“I wouldn’t want any other young mother or partner like myself to have to experience the effects of what the accident has caused Jahden and myself.

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“It is very hard both physically and mentally, not only for the person injured, but the people supporting him.”

The couple’s children, aged 4, 3 and 2, were also adjusting to their dad’s disability. Their 4-year-old daughter was most aware.

Jahden Nelson (right), pictured with his partner Santana Tierney (left) and their three children. Photo / Supplied
Jahden Nelson (right), pictured with his partner Santana Tierney (left) and their three children. Photo / Supplied

“She’s at that age where she’s very protective.

“Her cousin was looking at her dad and she said, ‘my dad doesn’t have hands’ because he was staring.

“If one of her brothers wants something, she tells them, ‘Daddy can’t because he’s got no hands’.”

Local MP for Te Atatū Phil Twyford said it was important Nelson got justice.

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“That’s what I really want to see.

“It’s important that the system takes health and safety issues like this one seriously and deals with them in a decisive way. That’s the only way we’re going to reduce the number of people who don’t come home from work, or come home with a serious injury.”

Scaffolder Jahden Nelson, 28, remains in hospital after a worksite accident in Massey in April. Photo / Supplied
Scaffolder Jahden Nelson, 28, remains in hospital after a worksite accident in Massey in April. Photo / Supplied

In his first interview after the accident in July last year, Nelson said he had no recollection of the accident, nor the week preceding it. He remembered waking up weeks later from an induced coma to news he was a double amputee.

Tierney had been his “world” since the accident, remaining positive while juggling the children and hospital visits.

“She’s been here since the start and she’s still staying by my side.”

Asked if he had a fighting spirit, Nelson replied: “You could say that. I’m kind of stubborn. I wouldn’t give up without a fight.”

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