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Hospitality worker Prajjwal lost his life on the job. What can be learned from the tragedy?
The death of Nepali student Prajjwal Shrestha while on duty at a restaurant in Sydney has brought work health and safety in the hospitality industry back into the spotlight.
Published 7 December 2022 8:54am
Updated 9 December 2022 12:44pm
By Sunita Pokharel, Abhas Parajuli
Source: SBS
Key Points
- Prajjwal Shrestha lost his life after catching fire at his workplace.
- Many workplace injuries in the hospitality industry go unreported.
- The insurance claim process can take up to one year.
Waking up with numerous missed calls, Sujan Shrestha sensed something was amiss.
Sujan soon learned that his friend and former colleague Prajjwal Shrestha had died in a tragic workplace incident the night before.
The two had previously worked together at On Sunset, the restaurant in Western Sydney where the accident occurred.
In fact, it was Sujan who, as a manager, had interviewed and hired Prajjwal for the job.
Prajjwal, 24, a after catching fire at the Parramatta restaurant on 21 June 2022.
The preliminary investigation found that the flammable liquid used to clean the floor had ignited when the dishwasher was turned on and that Prajjwal had suffered burns to around 30 per cent of his body.
SafeWork NSW confirmed the workplace incident but declined to make any further comment.
“SafeWork NSW is investigating an incident at a restaurant in Parramatta on 21 June 2022, where a worker suffered serious burns. As the matter is under investigation, SafeWork cannot comment further,” a spokesperson told SBS Nepali in an emailed statement.
Sujan Shrestha (in the middle with a white shirt), Prajjwal Shrestha (right), and their colleagues from On Sunset restaurant.
Taken too soon
Sujan vividly remembers the day Prajjwal first entered the restaurant with a big smile.
“The first words he used were ‘Dai (brother), I am Prajjwal, you called me',” he says.
Sujan later moved to Darwin but stayed in touch with Prajjwal.
“He was talking about moving to a regional area, and I suggested he come to Darwin if [moving to] regional NSW doesn’t work out,” Sujan says.
After Prajjwal’s death, Sujan once visited the restaurant for a fundraising program to support his friend's family in Nepal.
“As soon as I entered, everything came back, him entering and calling me, working in the bar… I got all the flashbacks. The incident was still fresh in my mind, so it was hard,” he says.
What happened to Prajjwal was rare
According to the latest data from Safe Work Australia, 169 workers were fatally injured in the workplace in 2021.
Of this number, just two were in the accommodation and food services industry.
Work-related Traumatic Injury Fatalities Australia 2021 data shows the transport, postal and warehousing industry accounted for 52 fatalities (31 per cent).
This was followed by the agriculture, forestry and fishing industry, with 33 fatalities.
, a person conducting a business or undertaking (PCBU) has a legal duty to ensure the business complies with its Work Health and Safety obligations.
It says it is a business's legal responsibility to provide appropriate training and safety measures to its workers and lists the notifiable incidents that must be immediately reported, which include serious injury/illness, a death, or a dangerous incident.
Sachin Baniya Source: Supplied / Sachin Baniya
Mr Baniya, in a conversation with SBS Nepali, claims he's seen many injuries sustained by people working in commercial kitchens.
“[I have seen an] incident of [someone] almost chopping off the finger, and some have even tried to stop a knife falling from the table with their leg," he says.
Workplace incidents go unreported
Genug Jobs? Source: AAP / AAP/Dan Peled
“Going behind staff every time [for compliance] isn’t possible for managers or restaurant owners. For this, everyone working should be careful,” he says.
He says Prajjwal, being an experienced bartender, was aware of workplace hazards and very careful in his actions, so the incident was “unfortunate”.
Bishwoksen Adhikari works as an organiser for the United Workers Union in Tasmania.
He says some of the hospitality industry's prevailing hazards are cuts and bruises, exposure to cold and heat, and fatigue.
Mr Adhikari also claims many workplace injuries in the industry go unreported.
“[In the hospitality industry] most of the injuries, I must say, go unreported, which means we remain unaware of [the minor incidents and injuries] within the workplace,” Mr Adhikari says.
Sujan agrees.
“Sometimes we slip, trip and fall, sometimes we have cuts on our hands, but we never report,” he says.
According to Safe Work NSW, workplace injuries should be registered in the register of injuries, with the affected worker’s details and details of the incident. Credit: skynesher/Getty Images
“Once you become a member, the union looks after every work-related issue, but if non-members come with their personal issue, the union provides consultation but doesn’t represent them,” he says.
Delays in claiming insurance
Once the insurer is notified of the death, it advises the worker’s family or legal representative about the payable compensation.
It says lump sum compensation may also be payable in such cases.
Once the insurer is notified of the death, it advises the worker’s family or legal representative about the payable compensation.
Sydney-based Pradip Shrestha is a cousin of Prajjwal and his next of kin in Australia.
He says they are talking with a solicitor about an insurance claim but have been told it will be a lengthy process.
“We had to hire a solicitor to make the insurance claim, and we have just started this process. But we are told it can take at least one year to get the insurance,” he says.
Insurance claims sometimes 'complex and lengthy'
The Financial Services Council says resolving life insurance claims typically involves a three-step process.
According to the Council, they first need to establish the identity and the cause of death, which is straightforward in most cases.
It adds that the second step involves the validity of the policy.
“For example, ensuring that it covers the deceased for death claims, ensuring the policy is in force (that is, premiums have been paid to date and it hasn’t been cancelled), that there are no applicable exclusions (for example, for war or terrorism), and sometimes checking for misrepresentations,” a spokesperson for the organisation says.
However, the third step can sometimes be “complex and lengthy,” she warns.
“Who is entitled to receive the proceeds can sometimes be complex and lengthy. It depends on factors such as who owns the policy, whether there are nominated beneficiaries, whether a pro-fair process is needed, whether probate is needed," the spokeperson told SBS Nepali.
Sujan encourages all newcomers in Australia to work legally within the tax framework to be eligible to claim insurance.
“If anything happens in the workplace, at least you can apply. As Prajjwal was paying tax, it became possible to make an insurance claim,” he says.
Meanwhile, the restaurant and Prajjwal's friends, including Sujan, have been able to raise funds to help the deceased's family.
Although On Sunset restaurant, where the incident took place, didn’t want to comment on the incident, it has said in a Facebook post that it has collected $20,000 to support Prajjwal's family.
Serious workplace incidents in New South Wales can be notified to SafeWork NSW any time or day by calling 131 050.
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