Summary:
Carbone Lawyers has secured compensation for an administrative worker who was involved in a severe, head-on motor vehicle accident during her lunch break while travelling to a personal appointment with her daughter. Because her lunch break was funded by her employer, the incident fell under the scope of employment, allowing her to successfully claim weekly compensation and medical coverage through WorkCover, alongside a significant lump-sum common law damages settlement funded by the Transport Accident Commission (TAC) for her physical injuries and trauma.
Key Points:
- Dual-Scheme Coverage: The worker successfully accessed both WorkCover for ongoing expenses and the TAC for a lump-sum common law damages claim.
- Course of Employment Extended: Despite travelling for purely personal reasons (collecting her daughter for an appointment), the worker remained covered because the incident occurred during a paid lunch break.
- Clear Defendant Negligence: The at-fault driver was formally charged with careless driving after evidence revealed they were distracted by a mobile phone and driving on the wrong side of the road.
- Resilient Return to Work: Despite undergoing bilateral wrist surgeries, the worker demonstrated remarkable resilience, returning to full-time administrative duties with ergonomic workplace adjustments.
Case Details:
The woman, who worked in an administrative role, was on her lunch break when she drove home to pick up her daughter and take her to an appointment. During this journey, an oncoming vehicle travelling on the wrong side of the road struck her vehicle head-on. Investigating authorities determined that the offending driver was distracted by their mobile phone, resulting in a formal charge of careless driving.
The high-impact collision caused severe injuries to both of the worker’s wrists, requiring surgery and leaving visible scarring, alongside minor neck strain. As an administrative professional, she found that these injuries directly impeded her ability to work. She required transitional light duties and specialised ergonomic equipment to help her eventual return to full-time employment.
Outcome:
WorkCover accepted liability for the worker’s weekly payments, medical treatment and rehabilitation. Due to the clear negligence of the distracted driver, a common law damages claim was pursued through the TAC. A successful lump-sum settlement of several hundred thousand dollars was reached exclusively for pain and suffering, providing substantial financial closure for the worker.
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Disclaimer:Â The details provided in this article are a representation of the facts of the case; the identity of the parties and some details have been deliberately obscured, and the settlement figure is categorised broadly to protect client privacy.