A Work Injury Damages claim is a claim that is made against a worker’s employer for damages where a worker has been assessed at an agreed whole person impairment of 15%, and, the worker’s injury was caused by, or as the result of, their employer’s negligence.
In this case study we review a recent case in which we obtained a successful outcome for our client in a Work Injury Damages claim against his employer for the employer’s negligence in failing to provide a safe workplace.
Facts
Our client was an experienced motor mechanic and was working in that capacity when he suffered a devastating injury to his back, which resulted in an assessed whole-person impairment at or above 15%, which met the requisite threshold to bring a claim for Work Injury Damages.
During the course of his duties, he (with the assistance of some of his workmates), was required to move a gearbox from a Mitsubishi Pajero which weighed approximately 150kg. Our client and his colleagues used hydraulic jacks to assist with lifting and moving heavy vehicle parts.
The hydraulic jack at the workshop was supposed to have four wheels on the base to enable the jack (and the items it was carrying) to be moved. At the time, the jack had only three wheels and a wooden “chock”, positioned on one corner of the base, so that the jack remained level when stationary. However, it was not as manoeuvrable as it should have been due to that defect.
The workshop floor was also covered with air hoses, wooden chocks and other equipment, which represented a clear and obvious trip hazard for workers.
When our client and his workmates tried to move the 150kg gearbox, using the faulty hydraulic jack, the jack became stuck and our client tripped on air hoses, causing him to twist awkwardly and momentarily bear most of the 150kg of the jack on his own. At that moment, he suffered a severe injury to his lower back.
Allegations
Our client alleged that his employer breached its duty of care to him to provide a safe work environment, among other things, by failing to provide safe, functional and adequate lifting equipment for use in his employment, and by failing to ensure that the workshop was free of trip hazards.
Instead, the equipment provided by the employer for the lifting of heavy engines and engine parts was either broken or inadequate, which meant that the only option for lifting was assisted manual lifts. The employer had also failed to implement a policy or system that required the removal of hoses from the workshop floor.
The Case
As part of the work injury damages claim, our client obtained and relied on a detailed expert report as to the breaches of the duty of care as well as various expert medical reports addressing his ongoing impairment, incapacity for work, and loss of income. The employer did not serve an expert report on liability in reply but did obtain various reports suggesting our client had some capacity for work.
The matter was set down for mediation organised and facilitated by the Personal Injury Commission. The mediation allowed both our client, the respondent employer, and its insurer to discuss the matter and enter negotiations to resolve the claim. Whilst the matter did not resolve at mediation, it did resolve a few days later with our client receiving a significant sum of money representing his past and future loss of income and superannuation.
As the matter was resolved by negotiation, our client was not required to formally commence his claim by filing proceedings in Court.
If you or anyone you know, has suffered injury from a work-related accident, it is imperative that they obtain early legal advice from an experienced worker’s compensation solicitor. Doing so may ensure that, if they are entitled to bring a work injury damages claim, it is considered at an early stage and strategies are implemented to ensure maximum compensation is ultimately received. If you would like to know more contact us on (02) 4050 0330 or book an appointment here.
