Key Points:

• Employers have a duty of care when workers in cases of mental injury when there are evident signs of injury.

Summary:

A concrete pump worker who suffered an injury to his spine and right arm has received a large out-of-court settlement.

Case Details:

The 54-year-old worker suffered an injury due to being overworked for an extensive period of time. Part of the worker’s claim was that the employer ignored the written and verbal complaints of the worker and his co-workers that he was overworked, which in turn was affecting his health.

The worker required extensive psychological and psychiatric therapy, including multiple hospital stays.

Outcome:

In addition to the large lump sum settlement for pain & suffering and lost earnings, the worker was entitled to keep the previous weekly payments of compensation paid to him by WorkCover. The total settlement was equivalent to a jury verdict of nearly eight hundred thousand. *

*Details of this case have been altered or omitted to protect the identity of the parties.