Our client had spent twenty years working as a refractory trades assistant. This was hard, hot, dirty work. It was very heavy. It required working inside furnaces, demolishing, rebuilding and relining furnaces, kilns and other vessels. It required carrying, lifting and cutting heavy carbon blocks.
Our client had to work in extremely confined spaces. It involved long periods kneeling, twisting, crawling and squatting for long periods of time.
In about 2008, our client came to work for a company. All the heavy work mentioned above was required of our client. He was forced to work 10-12 hours per day, six to seven days a week. At the end of each day he was exhausted and realised that parts of his body were becoming very painful, especially his ankles and knees.
Requests were made to his employer to rest, to alternate duties between the workers and to provide more equipment to do the heavy work. All of these requests were rejected. He was always under pressure to work quickly and get the job done.
His employer didn’t seem to worry about the worker’s safety. There was no health and safety committee. There were no changes made during the twelve hour shift to the type of work that was being performed. All of this led to a point where our client ended up being physically broken.
The next few years were spent with doctors. He needed a fusion of his ankle. He needed physiotherapy. His knee condition became worse and his pain increased. Eventually the physical pain led to depression and anxiety and a turning to alcohol in an attempt to alleviate his ongoing physical problems. He had to retire from work and has been unable to return to any work because of his injuries and disabilities.
Initially he didn’t realise that his employer had obligations to look after his health and safety. Having consulted the expert lawyers here at Taylor & Scott, he was advised that the failure of his employer to look after his health and safety was in fact negligence, and accordingly he was advised to bring a work injury damages claim.
Simon Meigan, Partner and Accredited Specialist in Personal Injury, acted for his client in a work injury damages claim. Simon was able to negotiate a very substantial lump sum settlement which compensated his client for his inability to work up to retirement age.
If you or someone you know suffers “WEAR AND TEAR AT WORK”, you are welcome to contact the experts here at Taylor & Scott. Sometimes negligence can be found because of the unsafe system of work which doesn’t take into account the physical and repetitive nature of the work that you are required to do. Sometimes employers don’t provide proper equipment or force workers to work long periods without breaks or rotating their duties. Many of these issues can lead to serious physical injuries and may be the result of negligence by the employer.
Please ring us on 1800 600 664 or complete the contact form on this page. We will do everything we can to assist you.
At Taylor & Scott, “We Care For You”.
