Our client was a hardworking man with a wife and young family. He lived away from Sydney but travelled to Sydney six days a week to carry out his duties as a formworker.
This work was heavy physical work. It required strength and agility.
On this day, he and a fellow formworker were bolting together large pieces of formwork. Whilst doing this task, a tower crane owned by another company was working in the near vicinity. The crane driver was performing a lift of plywood. Whilst doing so, the load swung, knocked into the scaffold and struck a prop that our client was holding.
Our client was knocked off balance causing him to twist and immediately feel severe pain in his shoulder. Fortunately our client was not knocked off the scaffold, but after resting for the balance of the day realised that he had a severe problem with his shoulder. He could hardly move his arm and was in severe pain.
He rested for a few days and then attempted to return to work on light duties. Unfortunately the ongoing pain was such that he couldn’t continue, he had to go off work and seek treatment.
He went back to his GP who arranged physiotherapy. He then had an ultrasound and a cortisone injection. None of this worked. His GP then referred him to a specialist Orthopaedic Surgeon who specialised in shoulders. The specialist operated on his shoulder followed by several months of rehabilitation therapy.
Our client was very determined to get back to work. Slowly he built up his strength and eventually he was able to return to the construction industry but was required to take on lighter work and couldn’t do the overtime that would have been available but for his injury.
He then consulted the compensation litigation legal team here at Taylor & Scott.
Having carefully examined all of the facts and circumstances of the accident, Simon Meigan who heads our negligence legal team, was able to recommend a negligence case be brought against the owners of the crane that had caused the accident. Because his whole person impairment was not greater than 15%, no work injury damages claim was available against our client’s employer. Proceedings against the third party (the crane owners) were commenced in the District Court of NSW.
Damages were claimed to compensate our client for all of his financial losses, particularly in respect to the overtime that he couldn’t earn up to retirement. There was also a claim for medical expenses that may be incurred in the future. A claim was also made for domestic assistance because our client could no longer mow his lawns or do jobs such as painting his home.
Eventually a settlement conference was arranged and Simon was able to negotiate a very satisfactory lump sum settlement for his client compensating him for his injuries and the losses he would suffer up to retirement.
If you or someone you know suffers a work injury that may be less than 15% whole person impairment, this means that you are unable to sue your employer for negligence. Here at Taylor & Scott we would be happy to meet with you and carefully examine all the facts and circumstances of your accident. If we are able to identify another party who caused or contributed to your accident, we will carefully examine if a viable negligence case is available to you. If Taylor & Scott take on your negligence case, we will meet all disbursements as they are incurred. You will only pay costs at the end of the case if you are successful with your claim.
Phone us on 1800 600 664 or email us by completing the form on this page.
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