In an excellent judgment for plaintiffs, an Adviceline Injury Lawyers client has won his case at the Court of Appeal, entitling him to sue for his pain and suffering damages.
Mr McKinnon was injured at work after stepping into a hole cut into an elevated platform, fracturing his ankle. After surgery, Mr McKinnon returned to work, but was not able to work as a rigger anymore due to his injuries. He continued to suffer ankle pain and loss of mobility.
The Victorian WorkCover Authority refused to grant Mr McKinnon a Serious Injury Certificate with respect to his pain and suffering. Mr McKinnon nevertheless proceeded with his case with the help of Adviceline Injury Lawyers, winning at the County Court, and again at the Supreme Court of Appeal.
In the Court of Appeal's judgment, Mr McKinnon was described as a tough person who was able to return to work despite his constant pain. The three judges were unanimous in dismissing the appeal of the Victorian WorkCover Authority and granting Mr McKinnon the right to sue for his pain and suffering.
If you would like information about your rights and entitlements under the WorkCover scheme, contact a lawyer directly on (03) 9321 9988.