Recent success at the County Court for injured employee

Recent success at the County Court for injured employee

Adviceline Injury Lawyers have obtained judgment in the County Court in favour of a man who sustained a serious injury to his knee whilst at work.

The worker had been employed as a freight clerk at an airport for many years. In July 2007, he was struck by a trailer whilst at work, resulting in his right leg being crushed. He was taken to hospital and underwent immediate surgery to his right knee. Despite further surgery and extensive rehabilitation, the worker never regained a full range of movement in his right leg.

Notwithstanding his injury, the worker returned to work on light duties and was eventually able to return to his normal occupation as a freight clerk. However, the symptoms in his knee continued to deteriorate and he eventually ceased work altogether. He has since found employment in a different industry where he can do lighter work and much fewer hours to accommodate his knee problems.

Andrea Tsalamandris of Adviceline Injury Lawyers applied on behalf of the worker for a serious injury certificate, which would entitle him to compensation for pain and suffering and lost wages. The application was rejected by the employer's insurer, and the matter was heard before the County Court in August 2013.

The insurer argued that the worker's new employment prevented him from satisfying the necessary tests for a loss of wages certificate. In delivering his judgment, Judge Smith considered information from the worker's treating doctors and surgeons and determined that the worker was only fit for light administrative work on a part time basis. Given the number of hours he had been able to work before his injury, His Honour determined that this entitled the worker to seek damages for lost wages from the employer's insurance company.

If you or someone you know have been injured whilst at work, we invite you to contact one of our WorkCover expers on (03) 9321 9988.

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