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Labourer suffers severe foot injury when crushed by a roller

Severe Foot Injury Negligence Successful Claim

Our client is a young man who loves the outdoors. Having left school, he obtained employment doing various activities most of which were working outdoors. Being a keen sportsman, he loved surfing and tried to head to the beach after work every day.  

Having pursued a number of outdoor jobs, he eventually secured work in the building and construction industry. He obtained work driving trucks and assisting in a builder’s yard. He then moved on to work for a labour-hire company who sent him to various host employers to do specific tasks. At one point, he was sent to a host employer who was involved in road construction. The host employer directed our client to operate a roller compactor. Having received instructions, he was required to operate the roller near a trench. Unfortunately, no proper assessment had been made by the host employer in respect to the ground upon which our client had to operate his machine. Whilst operating the roller, the ground gave way and the roller fell onto its side pinning our client by his foot.

In the accident, our client suffered a very serious injury to his foot. He was rushed to hospital by ambulance and spent the next few weeks in the hospital. Once the swelling in his foot had subsided, he was operated on by an orthopaedic specialist. Pins, plates and wires were used by the specialist to try and restore the injured foot. Then followed several months of intensive physiotherapy to improve movement in his foot. He needed help at home with cooking, cleaning and personal care. He just had to rest with his foot elevated whilst the foot gradually recovered. Eventually he needed further surgery to remove some of the hardware that the specialist felt was inhibiting the recovery of his foot. Then his doctor said he could try and do some light duties.

By this time his employer had gone broke and so he started looking for light work with other employers. After numerous attempts, our client managed to secure some employment. He is now working as a plant operator. The job is very demanding for someone who has a serious foot injury. But our client is determined. He wants to work and he has learnt to adjust to the pain and discomfort that he is constantly suffering from. Today, he remains in employment and he has learnt to overcome the many difficulties that are presented to him. At the end of the day, he needs to get home and elevate his foot. He has difficulty walking over rough ground. Climbing onto and off the various machines he needs to operate is very painful, but he still manages. His sleep is greatly disturbed and he is frustrated and depressed by his injury but he is determined to keep going. Unfortunately, his ability to ride his surfboard is now greatly restricted because of his foot injury. He turned to Taylor & Scott for advice and guidance with respect to gaining a better understanding of his rights arising from his accident.  

HOW TAYLOR & SCOTT COMPENSATION LAWYERS HELPED

Having been referred to Taylor & Scott by his Union, the CFMEU (Construction Division), our compensation experts were able to inform their client of his rights. They were able to claim make-up pay for him and to ensure that all his medical treatment expenses were met by the workers compensation insurer. Eventually, our team arranged to have an assessment done of his whole person impairment to see if he qualified for a lump sum payment. Following on from this assessment, our client was referred to Simon Meigan, Partner and Accredited Specialist in Personal Injury. Simon met with his client to explain his rights. Although under 15% whole person impairment which must be achieved before suing your employer, Simon advised him that he had a negligence claim against the host employer for their failure in not ensuring the safety of their worker. Simon launched a negligence claim conducting the case on a no-win/no-pay basis meaning that our client was not required to pay any costs unless and until he won his case.

SUCCESSFUL OUTCOME OF NEGLIGENCE CLAIM

We are very pleased to report that Simon secured a substantial financial settlement for our client which compensated him for his ongoing financial losses due to the fact that his injury has prevented him from earning the high wages he earnt pre-accident. This settlement has ensured that our client has money to compensate him for his ongoing wage loss right up to retirement.

TAYLOR & SCOTT’S OFFER TO YOU

If you or someone you know is injured in a work accident which may involve a host employer, it is important to understand your rights to receive compensation for any injuries that you suffer. At Taylor & Scott Compensation Lawyers, we offer a free case assessment. If we take your case, it will be done on a no-win/no-pay basis, meaning you do not pay Taylor & Scott any costs unless and until you win your case. Our team of compensation legal experts will do everything they can to ensure that you receive maximum compensation for your injuries.

Please contact us by ringing 1800 600 664 or email us at info@tayscott.com.au.   

At Taylor & Scott, We Care For You.