Adviceline Injury Lawyers was recently successful in representing an injured worker who had hurt his lower back doing heavy work digging trenches. Specifically, in November 2010 he was required to dig an L shaped trench with inappropriate digging machines and no manual assistance.
The Victorian WorkCover Authority rejected his application for a Serious Injury Certificate which, if granted, would allow him to make a claim for pain and suffering compensation. The matter was then heard at the County Court of Victoria in October 2015 where the worker was represented by Associate Linda Hanley.
The issue in dispute related to distinguishing the condition of the worker's back before the work injury, which had required treatment because of the aggravation caused by his work duties. The WorkCover Authority argued that the consequences flowing from the aggravation were not sufficiently serious and that the application ought to be rejected.
His Honour Judge Brookes disagreed with the Victorian WorkCover Authority and found that the worker had not recovered from the aggravation and that the consequences to him met the threshold required at law. Although he was working in alternative employment, of significance was the fact that he could not return to heavy work and that was a permanent restriction.
The Court's decision means that the worker can seek compensation for the pain and suffering he has experienced as a result of the work injury.
If you suffer an injury at work, even if the injury is an aggravation rather than a new injury, you may be entitled to compensation. We invite you to speak to one of our expert injury lawyers today on (03) 9321 9988.