Large Damages Award for Injured Formwork Carpenter

Large damages award for injured formwork carpenter
Our client was born in Lebanon. He left school at 13 to help his family in a fruit shop and to help his brother in the construction industry.

Life was very tough.

At 18, he decided to migrate to Australia seeking a better life. On arrival, he set about working at any and every job he could find and at night he learned English.

Eventually he obtained work in the construction industry as a formwork carpenter.

He married and with his wife raised a family. Life was good. He worked a six day week and enjoyed the camaraderie of the construction game.

His employer sent him to a site to work on the construction of columns. He had to work at height and in very confined spaces. He needed to manhandle large heavy sheets of plywood timber. Although the OH&S method statement referred to formworkers working in teams, the reality was that everyone had to work alone. Asking for assistance in lifting, carrying and positioning timbers would be met with a strong rebuke from the boss.

The building site was a mess. The men were under pressure to get the work done. It was inevitable that workers would suffer injuries on this site.

Whilst attempting to manoeuvre a large sheet of ply in a confined space, the plywood struck the scaffolding resulting in our client experiencing immediate severe sharp pain in his lower back. He reported the accident and continued to try and complete his shift. He consulted his local GP and started some physio. This conservative treatment continued for a few months but his pain didn’t improve and eventually he was referred off to specialists who recommended surgery.

Two rounds of back surgery were performed followed by intensive physiotherapy. During this time, his employer sacked our client. An attempt to do some light duties with another employer failed; the so called light duties required lifting, carrying and standing on his feet all day. The pain was too much and he had to stop work.

Our client is left with pins and needles down his leg, areas of numbness and constant severe lower back pain. He is unable to sit or stand for more than twenty minutes, he can’t walk for any length of time, he has difficulty negotiating stairs and needs his children to help him with household chores and maintenance work that he loved to do himself. Needless to say, he developed depression, sleeplessness and anxiety.

With no formal education and being unable to pursue his work as a formwork carpenter, he is now virtually unemployable. He turned to Taylor & Scott Personal Injury Lawyers for advice and assistance.

Simon Meigan, Partner and Accredited Specialist in Personal Injury, met with his client and laid out a plan to achieve maximum compensation for him.

The plan involved obtaining a lump sum payment under section 66 of the Workers Compensation Act for the permanent injury that Simon’s client had suffered. Having achieved this, Simon advised his client that as he was over 15% whole person impairment, Simon was able to launch a work injury damages claim for his client claiming a lump sum payment for his loss of wages right up to retirement. At the same time, Simon also advised his client that having regard to his inability to work, Simon believed he had a TPD claim, that is, a total and permanent disability claim under his superannuation.

We are very pleased to report that Simon’s advice achieved maximum compensation in respect to all three claims. Simon’s client has now received a very large settlement ensuring that he, his wife and his family are financially secure and the constant worry of finding the money to support his family has now been removed.

Taylor & Scott’s offer to you
If you or someone you know is injured at work, we promise to do everything we can to ensure maximum compensation is awarded to you. Our team of expert compensation lawyers will do everything they can to help you. Your claim will be handled on a no-win/no-pay basis meaning you don’t pay Taylor & Scott any costs whatsoever unless and until you win your case.

Contact Taylor & Scott on 1800 600 664 or email us at info@tayscott.com.au

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