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No ACC For Indian Chef Whose Fingers Were Slashed In Road Rage

Chef Gagon Dhamijaa, whose middle and ring fingers were severed in August 2024/Photo: Ravi Bajpai

Gagon is nervous today. With his nearly five-year-old son's school admission on the agenda, he arrives just in time for our coffee meeting. He steps out of his new rental car, checking messages on his phone with his left hand, and greets me with the brightest smile.

I stand, hesitating briefly over which hand to offer for a handshake. Without missing a beat, he extends his injured right hand—the hand that both defines and tells his story.

Chef Gagon Dhamijaa, whose middle and ring fingers were severed in August 2024, is facing mounting financial worries after the attack, which has left him jobless. 

“My Accident Compensation Corporation (ACC) claim has been declined,” Gagon begins.

The ACC provides mandatory insurance for personal injuries to everybody in New Zealand, covering recovery costs like medical treatment, home or work assistance, and income support. 

REsene

However, Gagon’s recent claim was declined. Despite being fully employed at a restaurant, ACC rejected his claim on the grounds that he didn’t receive his salary in the four weeks prior to the accident, a technicality he seems to have resigned to. 

Gagon had been on unpaid leave in India from December 2023 to June 2024, caring for his mother, who was battling cancer and ultimately passed away. 

He was set to return to work on September 1, 2024, but on August 23 he was attacked while driving to Otahuhu. A car behind him honked “aggressively”, prompting him to pull over. But as he stopped the vehicle swerved to a halt in front of his car. 

A man emerged, wielding a large knife-like object, and threatened and assaulted him.  Gagon sustained severe injuries to his fingers, requiring surgery at Middlemore Hospital.

Gagon is challenging ACC's decision. ACC’s ruling hinges on his status as a non-earner at the time of the accident.

Their policy requires a person to be classified as an “earner” to qualify for coverage, typically covering those who are actively employed, on specific types of leave, or within certain extended employment statuses.

With nothing in sight, Gagon applied for a one-off ACC payment, receiving NZ$2,000 in coverage. ACC payments—whether one-off or ongoing—depend on the injury date and the degree of impairment.

While he initially hoped this amount would help him manage until he was fit to return to work, it proved insufficient as his medical leave was extended due to the severity of the injuries.

Following his doctor’s advice, Gagon attempted to return to the restaurant by mid-September, but he quickly realised his fingers were still immobile and painful when attempting tasks like chopping vegetables.

WhatsApp Image 2024-11-13 at 11.25.45 AMGagon tried returning to the restaurant in mid-September/Photo: Supplied

Ready for a fresh start after a difficult year and a half, he’s exploring jobs that don’t require hand dexterity. 

Trying to piece together the puzzle that has left him muddled this last year, Gagon first decided to move houses to ensure his family’s safety ever since he got to know that his attacker was out on bail.

“I still don’t know the motive or why I was attacked. The police haven’t told me anything,” he told The Indian Weekender.

“My wife recently started a job, but it’s not enough for a family of three,” he explains. “I want to work, but there’s no work.”

Gagon and his lawyer continue to dispute ACC's ruling, arguing that his employment status should entitle him to coverage.

Haseeb Ashraf, Gagon's pro bono lawyer, stated that securing government support is now crucial in advancing this challenging case. He also emphasised that backing from Indian community leaders would be instrumental for Gagon’s situation as he is left “permanently disabled” due to the attack.

“A request to the Immigration Minister Erica Stanford will be submitted soon,” Haseeb said.

WhatsApp Image 2024-11-14 at 3.08.17 PM

Haseeb Ashraf/Photo: Supplied

 

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