Trip Over Cartons on Floor Results in Sacking and Workers Compensation Payout

Trip & Fall Workers Compensation


Our client is a single lady working for a large supermarket chain. She is a hardworking loyal employee who has worked for her company for many years. On this particular occasion, our client had volunteered to work over the Christmas/New Year period. Having completed her duties in the particular section she normally worked in, she was asked to assist in another part of the store as they were short of staff. The area she went to was extremely busy. Because of the short staff, the area had a number of boxes strewn over the floor. As our client turned to assist a customer, she tripped over a box laying on the floor and fell heavily onto her arm.  

She felt immediate severe pain in her elbow. She had suffered a severe break in her arm. An ambulance was called and she was admitted to hospital. Having been treated in Accident and Emergency, she needed to undergo surgery to her arm the following day. The specialist needed to remove bone fragments and to insert a prosthesis into the arm. Following the injury, she rested at home for several weeks.  

Being a very loyal and determined employee, she went back to work on light duties and over time gradually built up her hours. She still experienced pain and restriction of movement in her arm but soldiered on at work not wanting to let her team down. Because of ongoing pain that she was experiencing, she had to undergo a second operation on her arm and needed a further six months off work to recuperate from this surgery. She got back to work just as soon as she could, working light duties and restricted hours. The pain in her arm continued.

Because of this ongoing pain, she was referred to another specialist and unfortunately she had to undergo a third operation to remove the prosthesis that had been inserted in her arm. The pain continued and once again, further surgery was needed. She had now undergone four bouts of surgery and returned to work in pain just as soon as she was allowed.

Unfortunately, her loyalty and devotion to her employer counted for nothing. After returning to work following the fourth bout of surgery, the employer advised they were no longer prepared to provide suitable duties and terminated her employment. Needless to say, she was devastated about losing her job. Still in pain to this day, the doctors have said there is nothing more they can do.

Because of her injury and ongoing pain, she is unable to lift or carry with her arm. Her love of playing a musical instrument has had to be abandoned because her arm is useless.


Not fully understanding her workers compensation rights, she turned to the experts in compensation law here at Taylor & Scott. David Hartstein, Consultant and Accredited Specialist in Personal Injury, advised his client. David met with his client on numerous occasions over an extended period of time. Because of the need for several bouts of surgery over several years, David advised that a lump sum claim for her permanent impairment couldn’t be brought until her arm had stabilized and the doctors confirmed that her permanent impairment could be calculated.

Eventually, David was able to qualify an independent orthopaedic expert to quantify his client’s whole person impairment. This was done with a grant of legal aid from WIRO meaning that David’s client did not pay any legal costs at all.  

Having secured an assessment of whole person impairment, David was then able to secure a lump sum payment under section 66 of the compensation laws to compensate his client for her permanent injury.


Here at Taylor & Scott Compensation Lawyers, we offer a no obligation free case assessment of your claim. If we believe you have a viable workers compensation claim, we will apply to WIRO for a grant of legal assistance which means your compensation claim costs you absolutely nothing. Our compensation lawyers have many years of experience and most are Accredited Specialists meaning that your compensation lawyers are the most highly qualified compensation experts here in NSW.

No matter where you live in NSW, if you have been injured at work, you can rely on Taylor & Scott Compensation Lawyers to give you the right advice to ensure you receive maximum compensation.

Please ring us on 1800 600 664 or email us at   

If you want the best compensation advice, look no further than Taylor & Scott Compensation Lawyers.

At Taylor & Scott, We Care For You.


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