Our client was a Scaffolder. He had left school in Year 9 as he was dyslexic and had great difficulty reading. He spent his life doing heavy manual work but did manage to obtain a number of work tickets, such as operating forklifts, scaffolding, dogman, working at heights and in confined spaces.
His job required him to build and strip scaffolds, to replace insulation, to work at heights and in cramped and confined spaces. During his working life with his employer, he received no safety instructions and was never provided with a Safe Work Method Statement.
Throughout his employment, there were many safety issues that arose. The scaffolding was not properly maintained and on many occasions, scaffolding members provided were of different sizes. Afraid that if he complained he would get the sack, he kept his mouth shut and just tried to do the best he could with the equipment provided.
The hours he worked were very long and unsafe. On one occasion he was required to work a 20 hour day.
On the day of his accident, he was required to construct a 6-metre high tower scaffold. The work was inside a power station and the lighting was very poor. He was forced to stand on a triangular star-shaped ledger, which unfortunately did not provide stable footing.
Whilst he was in the process of hammering a triangular pin, his foot slipped off the ledger and he fell to the concrete floor below. On the way down he struck a pipe. In the fall he suffered injuries to his neck, back, shoulder, wrist and hand. He was taken by ambulance to the hospital and transferred to another hospital where a series of operations were performed. Following several months of very painful rehabilitation, he was sent back to work to attempt light duties.
Unfortunately, his boss only paid lip service to his rehabilitation and proceeded to make him redundant as soon as he could.
Since trying to return to work, he has continued to complain of ongoing pain. For quite some time, this fell on deaf ears. Eventually, the doctors listened and he underwent a series of further tests. Finally, it was discovered that he had 2 torn tendons in his hand as well as a severely damaged knuckle and ligament damage in his arm. All of these injuries needed to be surgically operated on. He still continued to complain of pain in his neck and back. Further tests followed, where it was discovered that he had a disc problem in his neck. He was referred to a Neurosurgeon and had to undergo a neck fusion. Unfortunately, having undergone numerous operations, he remains in pain and can never return to his job as a scaffolder.
He has been referred to a pain clinic to manage his ongoing pain which is now permanent. Needless to say, our client now suffers from depression, his sleep is disturbed and his ability to enjoy the outdoors has gone. In fact, his ability to do basic tasks around his home, like hoovering or washing the floor, is impossible for him to do.
On a number of occasions, he has attempted to return into the workforce but because of his dyslexia and his ongoing pain, this has proved very difficult.
Initially, our client had retained other lawyers to act for him. He was unhappy with their advice and the way they treated him. He then turned to Taylor & Scott for advice and assistance.
Simon Meigan, Accredited Specialist and Partner here at Taylor & Scott, is an expert in negligence and work injury damages claims. He assisted our client. Simon carefully reviewed all the evidence and advised his client to bring a work injury damages claim against his employer for their negligence. Eventually, Simon was able to arrange a settlement conference of the matter and successfully negotiated a very substantial settlement of his client’s work injury damages claim.
Taylor & Scott’s Offer to You
If you are unhappy with the advice you are receiving from your current lawyers, you are welcome to contact the team of experts in negligence claims here at Taylor & Scott.
We will listen with a sympathetic and compassionate ear. We will provide you with forthright advice and if we decide to act for you, it will be on a no win/no pay basis, meaning you don’t pay Taylor & Scott any costs unless you win your case.
Ring us on 1800 600 664 or email us at info@tayscott.com.au
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