Serious injury certificate granted after seven year fight

Serious injury certificate granted after seven year fight

An employee injured in 2011 who unloaded mattresses by hand has been awarded a serious injury certificate in the County Court. 

Mr Garnaut had an accepted WorkCover claim but his entitlement to workers compensation payments (being: weekly payments and medical expenses) was terminated by the WorkCover insurer.  In order to have this overturned Mr Garnaut was required to commence Court proceedings which, after enduring a period of financial hardship, resulted in reinstatement of his weekly payments and medical and like expenses.  Mr Garnaut then made requests for further surgery and made an impairment claim.  Both were denied.

In 2017 Adviceline Injury Lawyers made a serious injury application on behalf of Garnaut – the first step to pursuing a common law claim.  This was rejected by WorkSafe in despite of the fact that Mr Garnaut was still receiving six monthly injections of pain relief into his knee and is currently investigating further surgical options to reduce his pain and increase his mobility.

Ultimately, Mr Garnaut challenged the denial of his application for a serious injury certificate and issued Court proceedings.

On Friday it was determined by a Judge of the County Court that he had sustained a serious injury.  The serious injury certificate was made and granted for pain and suffering only, and Mr Garnaut remains hopeful that in the future he will regain a capacity for employment.

We commend our client for the determination that he has shown in navigating the WorkCover system, and we are sure he will be successful in one day returning to the workforce.

If you or a family member has suffered a work-related injury and payments have been terminated by the WorkCover insurer, call a personal injury lawyer on (03) 9321 9988.

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