Injured Labourer Wins Hernia Claim After Being Denied by Workers Compensation Insurer

workers compensation hernia claim

Our client was a construction labourer working in the building industry in Sydney. His job entailed repetitive lifting and carrying of building frames, trusses, beams, together with cleaning up duties which involved the use of shovels, brooms and jackhammers.

Last year whilst performing his duties, he developed pain in his abdomen. Initially he didn’t think a lot about it. He put up with the pain and got on with his job. Unfortunately, his labouring job requires a lot of heavy lifting and carrying. The pain didn’t get better, in fact it got worse. He told the boss at work about his pain and went off and consulted his family doctor. The doctor diagnosed a hernia which needed immediate repair. He consulted a specialist surgeon who confirmed the diagnosis and confirmed that in all probability the hernia was caused by the heavy lifting and carrying duties he performed at work.

Armed with this advice, he completed a claim form for workers compensation requesting the insurance company meet the cost of the surgery and the several weeks he would need off work recuperating.

Unfortunately the insurance company rejected the claim.

Not knowing what to do to challenge the decision of the workers compensation insurance company, he turned to the experts in workers compensation claims here at Taylor & Scott. Ray McClenahan, Partner and Accredited Specialist in Personal Injury, is an expert in workers compensation claims. He met with his client and took detailed instructions. He applied to WIRO for a grant of legal assistance meaning that his client had to pay no costs whatsoever in relation to his workers compensation claim.

Having received the grant of legal assistance, Ray and his workers compensation team went about obtaining medical evidence in support of their client. After obtaining expert reports from the GP and the surgeon, Ray made further submissions to the workers compensation insurer.

We are pleased to report that Ray’s arguments in support of his client’s claim were eventually accepted by the workers compensation insurer and they agreed to meet all the costs associated with the operation and his client’s weekly wages whilst he recuperated from the surgery.

Fortunately the operation was a complete success and Ray’s client is now able to return to his labouring duties.

If you or someone you know are injured at work and require medical treatment which the workers compensation insurer refuses to pay for, you are welcome to contact the experts in workers compensation claims here at Taylor & Scott.

All claims are conducted with a grant of legal assistance from WIRO meaning you do not pay Taylor & Scott any costs whatsoever.

Please contact our workers compensation experts by completing the contact form on this page or emailing us at or phoning us on 1800 600 664.

We will do everything we can to assist you with your workers compensation claim.

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