Summary:

Carbone Lawyers has secured a significant lump sum compensation settlement for a young apprentice plumber who was struck by earthmoving machinery while working on a building site.

Case Details:

An 18-year-old apprentice plumber had been employed by a plumbing contractor for only a few months when he was sent to a building site in suburban Melbourne. A drainage company operating an excavator to dig trenches was also on site.

On the day of the incident, the excavator driver asked the apprentice to retrieve the building plans. As the apprentice returned with the plans, the excavator moved suddenly and ran over his leg. The injury was devastating, requiring the apprentice to undergo multiple surgeries, including the insertion of metal plates from his foot to his hip.

Before the accident, the young man had been physically active and enjoyed playing basketball. However, after the accident, he could no longer participate in sports, became withdrawn and depressed, and suffered from self-consciousness about the severe scarring on his leg. His confidence in social settings, particularly with dating, diminished significantly. Although he made efforts to return to work once he regained the ability to walk, he could not tolerate the pain and discomfort.

Legal Action:

In addition to the apprentice’s WorkCover entitlements, Carbone Lawyers filed a claim for damages against the apprentice’s employer (the plumbing company) and the drainage company, which employed the excavator driver. The claim sought compensation for the apprentice’s pain and suffering, as well as for the long-term impact on his quality of life.

The defence argued that the apprentice was partially or fully responsible for the accident. They contended that the apprentice knew the excavator was in operation and should not have entered the operator’s blind spot.

Carbone Lawyers countered this argument by presenting evidence from an engineering expert specialising in vehicle accidents. The expert concluded that the excavator driver was at fault for failing to ensure a clear view of the area before moving the machinery. Carbone Lawyers further argued that the excavator operator had asked the apprentice to retrieve the plans, making it foreseeable that he would return to the site, and that the operator was responsible for ensuring the apprentice’s safety.

Outcome:

The matter was settled during mediation. The apprentice was awarded a settlement of more than three-quarters of a million dollars to compensate for his pain, suffering, and the long-term impact on his life and ability to work. The settlement held both the plumbing contractor and the drainage company accountable for their roles in the accident.

*Details of this case have been altered or omitted to protect the identity of the parties.