Worn Out Concrete Labourer – Successful Workers Compensation and TPD Claim

Our client worked in the concrete industry as a labourer. He had spent a lifetime doing extremely heavy work.  His day involved physically demanding tasks including shovelling, pouring and finishing concrete, wheeling wheelbarrows full of concrete, bending, lifting, twisting and squatting.

A few years ago, he started to feel symptoms of pain in his back. Being very stoic by nature he just put up with the pain. He hoped it would settle down over time. Unfortunately, as time went on, he realised that his pain had started to worsen. His back pain started to radiate down his legs. After a full day’s work, it was all he could do to get himself home and rest. Once he realised that his pain was not temporary, and work was becoming “too much”, he sought help from his GP. His GP arranged for a series of cortisone injections into his spine. Unfortunately, these injections only offered temporary relief and after a couple of days, the pain had returned.

Eventually, a workers compensation claim form was completed and WorkCover medical certificates were submitted to the employer and the workers compensation insurer. A light duties certificate was issued placing a number of restrictions on the type of work our client could perform. Over time, many alternative treatments were tried including massage, physiotherapy and hydrotherapy. Unfortunately, none of these helped.

Ultimately, he was referred to a specialist who recommended a spinal fusion. Being extremely cautious and concerned about the consequences of a failed spinal operation, he sought a second opinion from another specialist. Further cortisone injections and conservative treatment followed, initially with some pain relief, but after a few weeks, he was back to square one. He was in extreme pain and all movements were greatly restricted.

Unfortunately, the workers compensation insurer rejected the workers compensation claim stating that the claim had been lodged late and his back problems were not work-related.

Greatly worried about his future and how he would support his wife, he turned to the experts in workers compensation and sought advice from Ray McClenahan, Managing Partner and acknowledged as one of NSW’s leading workers compensation and total permanent disability legal experts.


Meeting with his client, Ray took great care to record a very detailed history of the work his client had performed and the medical issues that had arisen over time whilst working in the concrete industry. Ray asked his client why he had taken his time in reporting the injury. It soon became apparent to Ray that his client was “old school”, didn’t want to make a fuss and hoped in time that his back would improve without the need for a compensation claim. Once Ray had all the facts, he made an application to WIRO for legal assistance to allow Ray to investigate a claim and then to launch a claim for weekly compensation, medical expenses and a lump sum under section 66 for the permanent impairment to his client.

Having been granted WIRO funding and obtained the necessary medical evidence in support of his client, Ray then proceeded to launch the workers compensation claim. We are very pleased to report that the insurance company “capitulated” once they became aware of the overwhelming medical support that Ray had gathered on behalf of his client.  Eventually, it was accepted that the back and leg problems were a disease of gradual onset caused and/or aggravated by the many years of working as a labourer in the concrete industry.


Once Ray had concluded the workers compensation claim, he turned his attention to a total permanent disability claim on behalf of his client. Ray realised that the back injury was so bad that his client would never be able to return to work. He explained to his client that he had a TPD claim under his superannuation.

Ray prepared a detailed submission to the superannuation company. He submitted that his client had spent his entire working life doing very heavy manual work in the concrete industry. His education was extremely limited. He had no transferrable skills and was totally unfit to perform any work that he was suited to having regard to his education, training and experience. We are pleased to report that the superannuation company agreed with Ray’s submissions and the maximum payment payable was made to Ray’s client.


Taylor & Scott Compensation and TPD Lawyers are acknowledged experts in workers compensation and total permanent disability claims. Taylor & Scott Compensation and TPD Lawyers have over 100 years of experience in assisting injured workers here in NSW with their claims. All workers compensation claims are conducted with a grant of legal assistance from WIRO meaning that the injured worker pays no costs whatsoever to Taylor & Scott in respect to their workers compensation claim.

Led by Ray McClenahan, who is an Accredited Specialist in Personal Injury, Taylor & Scott Compensation and TPD Lawyers are acknowledged as experts in workers compensation and total permanent disability claims. No claim is too small or too big for Taylor & Scott to assist injured workers with.

If you have been injured at work here in NSW, you are invited to contact the Taylor & Scott team by phoning 1800 600 664 or emailing us at  info@tayscott.com.au

You are in safe hands with Taylor & Scott Compensation and Total Permanent Disability Lawyers.

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