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Run over by excavator; Young worker receives large damages payout

Recently, Simon Meigan, Partner and Accredited Specialist in Personal Injury, acted for a “dogman” working for a crane company in the construction industry. Simon’s client was working on a construction site where a demolition company was completing the demolition of a building. Our client’s job was to drive a crane and assist in the “dogging” of the crane to remove the building material from the site as the demolishers completed their work.

On this particular day, our client was directing the crane to land large bins on a particular level where the demolishers were working. Once the bin had been filled with material, our client would then guide the crane to lift and deliver the loaded bin to the ground floor where it could be removed from the building site.

Having been on this level for some time; the demolishers were all aware of what he was doing. One demolisher was operating a 5-tonne excavator. Our client-focused on landing the bin onto the concrete floor when, without warning, the excavator driver reversed his excavator over the foot of our client. In extreme pain, he yelled out. The excavator driver then drove the excavator off his foot. Workers came to his assistance, and he was brought down to the ground level where an Ambulance then rushed him to hospital. At hospital, he was diagnosed with severe crush fractures of his foot. Because of severe swelling, surgery couldn’t immediately take place. Eventually, he was placed in a special boot with crutches and allowed to go home where he had to remain with his leg elevated until the swelling subsided. He then returned to hospital where two surgical procedures were performed. Initially, he had the bones in his ankle and foot pinned and plated. After several months, he required further surgery to remove the internal screws in his foot.

Eventually, he was certified fit to return to light duties which involved working in his employer’s office and then, finally, back onto building sites where he was allowed to drive a crane.

His days of standing on his feet all day, climbing ladders and scaffolds and dogging cranes were over. He was in just too much pain to do anything which required standing for more than 30 minutes.

Because he was a relatively young man with a wife and children to support, he decided to consult the experts in workers compensation and negligence claims here at Taylor & Scott Compensation Lawyers.

How Taylor & Scott Compensation Lawyers assisted their client

Arrangements were made to meet with the client. Our lawyers ensured that his workers compensation rights were in order. He was then referred to Simon Meigan, Partner and Accredited Specialist in Personal Injury and acknowledged as one of Sydney’s leading negligence lawyers. Simon met with his client on several occasions to provide him with legal advice. Having reached the point where the doctors advised that there was no more active treatment available, Simon then advised his client to bring a negligence claim, not against his employer but against the company that employed the excavator driver. A negligence claim was launched in the District Court of NSW. Simon offered to do the case utilising Taylor & Scott’s no-win/no-pay fee arrangement, meaning that Simon’s client did not have to pay any costs whatsoever unless and until he was successful with his case.

Large damages payout awarded

Simon set about preparing his client’s claim. He secured all the treating doctors reports. He qualified other specialists to examine his client and to give an opinion on the likely deterioration of his client’s ankle and foot in the years to come. He had his client examined by specialists in work capacity and future employability as it had become apparent that arthritic changes had already commenced, and in all likelihood, his days of working in the construction industry were numbered.

Simon also took detailed instructions with respect to the impact the accident had on his client’s personal life with his wife and children. Having young kids who were very active, our client felt quite depressed that his days of actively playing with his children were over. Each and every impact of the accident was particularised in the court papers. Eventually, Simon was ready to proceed to a hearing in court.

Prior to the hearing of the case, a mediation conference was ordered. We are pleased to report that Simon was able to negotiate a very substantial lump sum settlement for his client. This settlement compensated his client for his loss of wages, past, present and future, right up to retirement, he also received a large lump sum to compensate for his pain and suffering and for the impact of the accident on his personal and family life.

Taylor & Scott Compensation Lawyers’ offer to you in work accidents

If you or someone you know is injured at work, you are welcome to contact “Sydney’s leading experts in work injury damages and negligence claims“. Our lawyers have many years of experience. They listen with compassion. They are willing to go the extra mile to ensure that you receive your full entitlement to monetary compensation. All work is done using Taylor & Scott’s no-win/no-pay fee offer. No costs are paid to Taylor & Scott unless and until you win your case.

Please contact our team for a free face to face case assessment no matter where you live in NSW. Ring 1800 600 664 or email us at info@tayscott.com.au

Why Taylor & Scott?

Because you and your family deserve the best lawyers to assist you with your work injury claim.

“At Taylor & Scott, we care for you.”