Highlights:
- A man working as a welder injured his neck and shoulders on the job
- There were pre-existing injuries and a history of WorkCover claims
- Carbone Lawyers wins the case by successfully proving that the most recent injury was both most severe and work-related.
Summary:
Despite pre-existing injuries and a history of WorkCover claims, Carbone Lawyers proves the worker’s injury was serious and wins a large settlement for an injured welder.
Case Details:
A man working as a welder was assisting a workmate on a project. While exerting himself to hold up the structure they were working on, he injured his left shoulder and his neck.
After receiving treatment, he returned to work on reduced hours and lighter duties until he didn’t have the capacity to continue his duties as a consequence of his injuries. He also continued to suffer from both the physical and psychological impact of the injury.
Carbone Lawyers lodged a Serious Injury Application claiming pain and suffering and economic loss. A Serious Injury Certificate is a prerequisite to receiving lump sum worker’s compensation.
Lawyers for WorkCover acknowledged the pain and suffering but rejected the claim for economic loss, arguing the man had the capacity to be able to work and did not meet the threshold for economic loss.
Carbone Lawyers advised their client to reject the initial offer and lodged a motion in the Country Court, where a judge would decide whether or not the man had suffered a serious injury.
As the hearing date was approaching, the man needed to undergo surgery on his neck, so the hearing was adjourned to a later date.
In the meantime, to prepare for the hearing, Carbone Lawyer had the man assessed by several independent health practitioners, including a Spinal Surgeon and Neuro Surgeon, an Occupational Therapist, and a Human Resource Consultant.
It was also discovered that the client had pre-existing injuries to the neck and left shoulder, and there had been many WorkCover claims in the past.
Carbone Lawyers undertook a thorough investigation piecing together a timeline of what injuries had occurred. They also obtained the records from previous health practitioners who had treated the man.
With this detailed history, the lawyers could demonstrate that, despite previous injuries, the man had never needed surgery on his shoulder and neck until the most recent incident that occurred at work.
A month before the scheduled hearing, WorkCover changed its decisions and granted a Serious Injury Certificate for pain and Suffering and Economic Loss.
The parties then entered into negotiations over damages for negligence.
Outcome:
Carbone Lawyers secured a large lump-sum settlement for their client as well as ensuring that any future surgery and therapy will be paid for by WorkCover.
The client was elated.