Summary:
Carbone Lawyers has successfully obtained a settlement of almost half a million dollars for a construction worker who sustained permanent back injuries.
Key Points:
- The worker was required to perform heavy lifting and manoeuvring of objects without assistance or mechanical lifting devices.
- He suffered injury to his spine and limbs, resulting in ongoing pain, restriction of movement, and psychological injury, impacting his ability to work and his overall quality of life.
- Carbone Lawyers represented the worker in acting against the employer for breaching Work Health and Safety Regulations by failing to provide a safe system of work, proper instructions, and necessary assistance or mechanical lifting devices.
Case Details:
The plaintiff, a man in his 60s, was hired by a building contractor to work on a construction site. He was strong, healthy, and an experienced construction worker familiar with the job requirements. However, this job required longer hours and was physically more demanding than usual.
On the day of the injury, he was directed to lift and manoeuvre some metal frames that weighed approximately 100kg. He felt his back give way as he moved one of the frames in place.
The worker was diagnosed with serious injuries to his spine and lumbar region that required surgery and ongoing pain management.
The injuries have had a significant impact on his life, limiting his mobility, disrupting his sleep, and affecting his emotional well-being and social life. He has been unable to return to work and suffered a loss of earnings and earning capacity.
Carbone Lawyers acted for the worker, arguing that the employer was negligent and breached their duty of care by requiring the worker to perform heavy and awkward lifting without proper instructions or assistance. They claimed the employer breached statutory responsibilities under the Work Health and Safety Regulations by failing to ensure a safe work environment.
Outcome:
In addition to his WorkCover entitlements, the man received a damages settlement of almost half a million dollars.
