Key Points:

• Employers have a duty of care to ensure workers do not perform work beyond what they are certified to do if they are performing restricted duties.  

Summary:

Carbone Lawyers has obtained a million-dollar out-of-court settlement for a scaffolder whose boss ignored medical work restrictions.

Case Details:

The 51-year-old worker initially suffered an injury to his left knee while manually carrying scaffolding without assistance. 

Despite returning to work on restricted duties, his employer required him to perform his full duties. As a result, the worker severely aggravated his left knee pain and was unable to return to work.

The worker required extensive treatment, including four left knee surgeries and physiotherapy.

Outcome:

In addition to the large lump sum settlement for pain & suffering and lost earnings, the worker received four years of back pay of wages, as WorkCover terminated his entitlement to wages as they were of the view the worker had the capacity to work. This was contrary to the opinions of the worker’s treating practitioners. The worker was entitled to keep the previous weekly compensation payments paid to him by WorkCover. The total settlement was equivalent to a jury verdict of more than $1 million. *

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