A Victorian worker was recently successful in a court battle to determine whether they had the right to pursue compensation for his pain and suffering.
In 2010, the worker was manoeuvring a heavy, awkward sized object at work when he felt something move in his back, and became aware of pain and discomfort. Unfortunately, a subsequent epidural injection and physiotherapy did not resolve the problem and he continues to experience daily pain and restriction in his lower back.
To the worker's credit, he has been able to continue performing work in the community despite the ongoing issues with his lower back. However, his injury means that he now does these jobs more slowly, and has to take additional pain medication afterwards to account for the increase in pain he experiences.
An application was made on the worker's behalf by Adviceline Injury Lawyers seeking a certificate recognising that he had suffered a serious injury and was entitled to pursue compensation for his pain and suffering. This application was rejected by the Victorian WorkCover Authority, and the matter proceeded for hearing before the County Court.
In his judgment delivered in November 2015, His Honour Judge Bowman found that the worker had indeed suffered a serious injury at work. He accepted that the worker had undergone significant medical treatment as a result of his injury, and described him as something of a stoic .
The victory demonstrates that being able to return to some normal activities does not prevent you from obtaining lump sum compensation, especially where those activities now have to be performed with pain or restricted movement. His Honour's judgment means that the worker is now entitled to pursue a claim against his former employer for lump sum compensation for his ongoing pain and interference with his ability to perform ordinary activities of daily living.
If you or someone you know has suffered an injury at work, we invite you to speak with one of our expert injury lawyers on (03) 9321 9988.