Key Points:
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- Employers have a duty of care to protect their workers by minimising their exposure to hazards in the workplace.
Summary:
A raise bore driller who suffered an injury to his right shoulder and subsequent psychiatric injuries has received a large out-of-court settlement.
Case Details:
The 49-year-old worker suffered the injury when he fell into a ditch, which did not have adequate warnings or barriers put in place by his employer.
It was not until after his injuries that the employer installed a safety railing.
The worker who has undergone right shoulder surgery, steroid injections into his shoulder, osteopathy and psychological and psychiatric treatment was compensated for pain and suffering and past and future loss of earnings.
Outcome:
In addition to the lump sum settlement, the worker was entitled to keep the wages paid to him by WorkCover. This made the total settlement equivalent to a jury verdict of over half a million dollars.*
*Details of this case have been altered or omitted to protect the identity of the parties.