Adviceline Injury Lawyers has helped an injured Victorian worker establish that he has suffered a permanent and significant physical injury as result of his employment, and is therefore entitled to sue his employer for lump sum compensation.
The worker was employed by a major supermarket chain in a physically demanding occupation where he was often required to lift boxes and objects of varying weights and sizes. During one of his shifts, two boxes fell from a pallet onto his left shoulder and neck. Unfortunately, since that time, he has continued to struggle with ongoing pain and restricted movement.
Adviceline Injury Lawyers made an application to to the supermarket's Self-insurer seeking a serious injury certificate to enable the worker to obtain pain and suffering damages. This application was rejected by the insurer, and the matter was referred for hearing to the County Court.
In his judgment delivered in July 2015, His Honour Judge Smith determined that the worker had indeed suffered a permanent injury that was sufficiently serious to warrant further compensation. He accepted that the physical restrictions on the worker, such as his inability to lift his children, perform his chosen career, undertake domestic duties and engage in his ordinary recreational activities, all combined to have a profound impact on the worker.
The judgment means that the worker can now seek lump sum compensation for the pain and suffering he has experienced as a result of his work-related injury.
Suffering an injury at work can be a stressful and traumatic experience for both the victim and their families. If you or someone you know has been injured at work, we invite you to speak to one of our expert injury lawyers on (03) 9321 9988.