Summary:
Carbone Lawyers has secured more than $300K for pain and suffering and economic loss on behalf of a 52-year-old worker who sustained a severe lower back injury over a decade ago. Despite the defendant raising aggressive arguments regarding a lapsed statutory limitation period and the client’s subsequent redundancy, our dedicated legal team successfully proved that her ongoing incapacity was directly linked to her workplace injury, delivering a life-changing financial outcome.
Case Details:
In 2011, the client, then in her late 30s, was working in a heavy-duty warehouse environment. While lifting a heavy tub above shoulder height, she suffered a severe, debilitating injury to her lower back. A WorkCover claim was formally lodged and accepted at the time.
Determined to keep working, the client did not take an extended leave of absence. While her employer modified her role, the “suitable duties” she was given still involved repetitive, heavy manual handling. For 12 years, she pushed through chronic pain, consistently reporting her symptoms to management while maintaining her employment.
In 2023, the employer relocated their operations from Melbourne’s south-east to the opposite side of the city in the western suburbs. Due to the severe nature of her back injury, the client knew she could not endure the long daily commute, which would heavily aggravate her condition. She ultimately accepted a redundancy package.
Because the exit was documented as redundancy rather than a medical resignation, the defendant’s solicitors argued that her loss of employment was commercial rather than medical, and therefore she was not entitled to compensation for economic loss.
When the client sought legal advice to pursue a lump-sum compensation claim, Carbone Lawyers faced two major hurdles from the defence: the 6-Year Statute of Limitations and the context of the client’s redundancy.
Our team built a robust counter-offensive. We argued that because she continuously performed heavy, repetitive duties that worsened her condition up until her final day of work in 2023, the limitation period effectively reset to her last date of employment. Furthermore, we gathered medical reports from her treating surgeon and independent specialists proving that her current incapacity and inability to commute stemmed entirely from the original 2011 injuries.
Outcome:
The team successfully bridged the 12-year gap, validating our client’s perseverance and securing nearly $300,000 in total compensation for her pain and suffering, as well as future economic loss.
Disclaimer: 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.