Adviceline Injury Lawyers has helped an injured worker establish that an injury he suffered whilst at work is sufficiently serious to warrant lump sum compensation for his pain and suffering.
The worker had worked for the Defendant company for approximately 22 years as a labourer. In December 2007, he was required to lift a cabinet as part of his work duties and suffered an injury to his back. He was unable to return to his full pre-injury duties, and his employer subsequently made him redundant.
Lauren Freeman from Adviceline Injury Lawyers lodged an application on behalf of the worker seeking recognition that he had suffered a serious injury and was entitled to pain and suffering damages. This application was rejected by the Victorian WorkCover Authority, and the matter was heard before the County Court in August 2015.
In his reasons delivered in August 2015, His Honour Judge Saccardo accepted that the worker was a credible witness who had suffered a serious injury for the purposes of lump sum compensation. He noted in particular that the worker's back pain was aggravated by home duties, and he now has to pace himself when performing ordinary duties around the home. He also found that the worker's lost job security was of particular concern to the plaintiff, who was restricted in the work he could undertake because of his limited English skills and education.
Every worker has the right to come home from work without injury or restriction. If you or someone you know has suffered an injury whilst at work, we invite you to speak to one of our expert injury lawyers on (03) 9321 9988.