Worker wins case after 12 day trial

Worker wins case after 12 day trial

Following a strongly contested 12 day trial in the County Court of Victoria, Adviceline Injury Lawyers successfully assisted a printing machinist recover damages for an injury he suffered to his hip.

The worker was employed by the Defendant company for over 15 years having completed his apprenticeship there before working as a printing machinist. During the course of his employment the worker suffered injury to his right hand, when his hand was caught in a printing machine causing him to lose his middle finger and to split his index finger. As this injury occurred in the black hole period he was unable to recover common law damages for the injury.

Four years later the worker was on alternative duties due to his hand injury when he sustained a further injury at the same work place. This injury occurred when he was attempting to re-align a stack of boxes by lifting the boxes with his good hand and pushing the boxes back into alignment with his hip. He immediately felt significant pain in his groin and ultimately required a hip replacement due to a labral tear and osteoarthritis.

Following 12 days in the County Court, the Judge found for the worker and ordered workcover to pay substantial damages. The Judge stated that she found the worker to be a reliable and credible witness . She found that the employer breached its duty of care to the worker and should have foreseen that the method of re-aligning boxes posed a risk of injury to the worker.

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