Highlights:

• A technician is exposed to two workplace explosions
• His application for a Serious Injury Certificate rejected
• Carbone Lawyers obtain an Out-of-court settlement

Summary:

Carbone Lawyers wins compensation for a technician suffering from long-term hearing damage from two exploding batteries.

Case Details:

The worker is a man aged in his 40s employed as a Field Service Technician visiting factories and warehouses to service and repair lifting devices like forklifts and reach trucks. On two occasions, while visiting clients’ premises to look at faulty reach trucks (a small type of forklift), the large batteries that power the machines exploded while he was sitting close to them. 

The first explosion happened only 50 cm away from his head, causing him to have temporary deafness followed by ringing in the ears over the following days. He spoke to his employer to raise a concern about the quality of batteries the firm was using and asked for an investigation into the matter. 

Several months after the first explosion, the man was diagnosed with tinnitus and mild high-frequency hearing loss by an audiologist. He was also prescribed medication to help with sleeplessness. He continued to work but frequently needed to take days off or be assigned lighter duties. 

The second explosion happened about 9 months later in similar circumstances. Again it left him temporarily deaf and with ringing in the ears. Again he complained to his employer about the quality of the batteries being used. 

The explosions had left the man with Tinnitus (ringing in the ears) and Hyperacusis. This disorder leaves sufferers overly sensitive to a range of sounds so that many noises are unbearable and painfully loud. He was also diagnosed with hearing loss in both ears and frequent headaches and migraines. This impacted his confidence with balance and ability to scale heights and go up ladders.

Furthermore, the hearing loss impacted his home life and his social life. He often felt angry, mentally exhausted and depressed, and his inability to continue with his trade made him anxious about the future.

WorkCover initially rejected the man’s application for a Serious Injury Certificate for pain and suffering and economic loss, claiming his injuries were not permanent. 

With expert opinions from a Psychiatrist, Occupational Physician, Occupational Therapist and other medical professionals, Carbone Lawyers successfully argued against the decision and obtained damages for the worker. 

Outcome:

The man received a settlement of $475,000 for pain and suffering and economic loss.