Summary:
An unsafe worksite that allowed members of the public to walk through active works ended in a million-dollar settlement for an injured tradesman.
Key Points:
- An electrician suffered a crush injury to his foot, resulting in Chronic Regional Pain Syndrome and the inability to return to his trade
- Two defendants were found liable for an unsafe system of work
- Settlement of more than $1 million
Case Details:
The injured man, an electrician in his early thirties and a young father of two, was part of a contracted team upgrading a suburban train station. Trains had been replaced by buses for the duration of the works, but passengers still had to walk through part of the active worksite to tap on for the buses.
While operating an electric wheelbarrow, our client was forced to manoeuvre suddenly to avoid a member of the public crossing through. As he reversed, the wheelbarrow struck the tow bar of a parked truck and crushed his foot between the two.
There was no spotter. There was no exclusion zone. The traffic management arrangements did not properly account for the station remaining partially open to the public. The very next day, toolbox meetings were held to overhaul the system – a tacit acknowledgement that the original arrangements had been unsafe.
As a result of the injury, the man developed Chronic Regional Pain Syndrome (CRPS) in the affected foot. The condition causes the limb to flare, swell and discolour, and brings with it severe ongoing pain. He has been unable to return to his trade and lives with daily limits on simple things, such as carrying his young children.
Carbone Lawyers acted for him in proceedings against both his employer (the electrical contractor that supplied the team) and the operator responsible for the worksite. The matter ran almost the full distance to trial.
Outcome:
A settlement was reached approximately one week before trial for over $1 million, including costs. The employer contributed the larger share, reflecting their primary responsibility for the unsafe system of work.
Disclaimer: The details provided in this file are a representation of the facts of the case, and the settlement figure is categorised broadly to protect client privacy.