Adviceline Injury Lawyers spent the last two days in the County Court seeking serious injury certificates for two injured clients. One client suffered a lower back injury at work, with consequential weight gain and sleep apnoea. The other has suffered a psychiatric condition as a consequence of unfair treatment and bullying she experienced at work.
In both cases the Victorian Workcover Authority (VWA) has denied that the worker has a serious injury, both in relation to the pain and suffering consequences of the injury as well as in relation to loss of earning capacity. By not agreeing to grant the workers serious injury certificates it has been necessary for us to take their cases to the County Court for a judge to decide on the issue of serious injury. Without a serious injury certificate a worker in Victoria is not entitled to seek to recover common law damages.
At the hearings of both of these matters the injured person was called to give evidence about the impact that the injury has had upon their lives. It was also necessary for us to call some of their treating doctors and medico-legal witnesses. In both cases the Judges are now considering the evidence and will give judgment in the weeks or months to come.