Work Injury Damages Claims Case Studies
WORKER SUFFERS BLINDNESS
We acted for a man who was injured whilst working as a traffic controller. One of his colleagues was using an “occy strap”, which flung and struck our client in the eye causing total blindness in that eye. Despite our client being able to return to work with his employer his out of court settlement was an excellent result.
We acted for a man injured during the course of his employment. When we spoke with him it turned out he had suffered another injury at work, which we were able to advise him was also compensable. We were able to negotiate a good settlement for him for his injuries, pain and suffering which was well in excess of the insurer’s first offer. His entitlements to claim future medical expenses remain open and if his injuries deteriorate he can make a further claim for his injuries.
GLASS FALLS ON WORKER
Harrison was an overseas visitor on a working holiday. He had been engaged to perform work as a glazier even though he was qualified as a plumber. He subsequently sustained injury when incorrectly packed glass fell on him, which he was not trained to handle. Whilst Harrison was able to return to full time work he was unable to return to work related to his trade qualification. Harrison’s matter settled at mediation.
UNSAFE HANDLING CAUSES BACK INJURY
William was injured during the course of his employment. His employer had instructed him to perform manual handling duties which were inherently unsafe. William had sustained a significant back injury that that rendered him incapable of returning to manual labour type duties. The matter proceeded to a hearing but settled on day 1 of a 4 day hearing.
BACKHOE ROLLS DOWN EMBANKMENT
Marcus was injured when the backhoe that he was driving rolled over a 16-metre embankment that was disguised by undergrowth. Although he was wearing a lap sash seatbelt, he was ejected through the back ‘window’ and sustained fractures to his spine and shoulder. During surgery to repair the fractures he suffered massive blood loss, which resulted in traumatic brain injury.
The complicating issues were (a) that he had been responsible for inspecting the site prior to starting the work; and (b) the employer asserted that he could return to full time work.
This was a work injury damages claim so he could only claim for past and future loss of income. He had already received lump sum compensation for permanent impairment and pain and suffering.
Marcus was very happy with the amount we managed to negotiate for his settlement.
WORKER TRIPS ON CORD
Helen was at work when a hasty cleaner pulled a vacuum cord tripping her up as she walked back to her desk. Helen suffered significant knee injuries that resulted in surgery forcing her to retire early. Helen successfully settled her case outside of court and can now enjoy her retirement with some financial security.
JUNIOR WORKER LOSES FINGER
Clifton was a junior employee working on a dangerous piece of machinery. His employer had failed to cover a rotating chain and Clifton’s hand was dragged into the chain resulting in his index finger being amputated. Clifton’s desire to be an electrician is no longer possible and he has to retrain into other work. Clifton’s case was settled successfully out of court. The first thing Clifton wants to buy is a house so that he has some security even if he is unable to find work because of his injury.
DRIVER SUFFERS BRAIN INJURY
We acted for a truck driver who suffered a severe traumatic brain injury and multiple physical injuries when the truck he was driving rolled over. The truck was carrying a bales of hay that had been loaded incorrectly and it was alleged his employer had not provided him with appropriate training in loading and carting such hay. There were complex issues about the cause of the roll-over and the relevant legislation to be applied, including whether the accident was a “motor accident ” or a workplace accident. The claim was settled successfully at mediation.
EMPLOYEE STRUCK BY EXCAVATOR
Clive aged 36 sustained injury to his ankle when he was struck by an excavator on a work site. The defendant denied liability and proceedings were commenced in the Supreme Court of NSW. The parties participated in an informal settlement conference and the matter was settled out of court with the client receiving a very substantial sum.