Injured worker wins right to sue employer for compensation

Injured worker wins right to sue employer for compensation

Adviceline Injury Lawyers has assisted an injured Victorian worker with an application for leave to issue court proceedings against her former employer seeking compensation for injuries she sustained over the course of her employment.

The worker was engaged in personal care work and had very physically demanding duties. Her duties required her to care for people with disabilities and assist them in their activities of daily living. Unfortunately, she sustained an injury to her foot whilst at work which affected her capacity to walk, perform household chores and engage in her ordinary recreational activities.

Adviceline Injury Lawyers made an application on the worker's behalf for a certificate enabling her to seek compensation for the pain and suffering she has endured as a result of her work-related injury. The application was rejected by the VWA and court proceedings were issued in the County Court on her behalf.

In his findings delivered in October 2014, His Honour Judge O'Neill found that the injury satisfied the definition of a serious injury contained in the relevant legislation. In reaching that conclusion, His Honour took into account the significant impact of the injury on her ability to walk around, undertake domestic duties, and engage with her family and in other social relationships.

The victory means that the worker will now be able to make an application for pain and suffering damages as some small recompense for the enduring consequences of her injury.

Navigating the requirements of the WorkCover system can be very difficult, particularly if you have never dealt with the system before. 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.

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