14 November

Industrial Accident

Many people who work in factories, warehouses, on construction or building sites are prone to a risk of injury and many workers compensation / industrial accident cases arise in these environments. The important thing to remember about these cases is always to report the injury immediately and seek medical attention. Insurers will always try and reject a claim if early notification of the injury has not occurred, nor if there is a delay in seeking out medical treatment. A very important point is to continue to consult your doctor for treatment as a result of your injuries.

We are regularly pursuing a large amount of these types of claim and if your claim is against your employer, then depending on the severity of the claim, there is always the possibility that you can make a second claim known as a Work Injury Damages Claim if the injuries prevent you returning to your employment. If your claim is against a third party, who is not your employer, then different laws apply in terms of pursuing a claim.

We recently completed a claim for an injured worker who hurt his neck when working in a factory. The injury occurred when he was assaulted by another worker. In those cases the court have found in the past that the employer is not responsible for criminal acts of an employee. We were able however, to show that the employer was negligent in allowing the assault to occur because of the circumstances leading up to the assault. We were able to achieve a result of over $600,000.00 in compensation for our client.

A second claim completed recently involved a lady who worked as a nurse in an Aged Care Centre. The circumstances surrounding her injury were that she was required to lift a patient’s leg from the side of the bed onto the bed. In the process of doing so, she felt a strain in her lower back, which led to an increase level of pain and her inability to keep working.

This was a particularly difficult case in trying to establish negligence against the employer however after persistence and obtaining the necessary evidence, we were able to achieve a settlement of $400,000.00 for a case that potentially may not have even been successful if it proceeded to trial. This was an extremely pleasing result considering the circumstances of the case.

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