Workplace Injury

Workplace Injury

In the workplace many people suffer injury and sometimes in a most unusual way. When this happens that person may be entitled to compensation for workplace injury which could be substantial.

In one case we represented an office worker whom injured his neck when he became startled by a faulty alarm going off.  He  successfully sued his employer for nearly $2 million in damages.

The employee was sitting at his desk in an open plan office when another employee switched on a faulty personal gas detector triggering a `loud and piercing screeching` alarm which startled the injured employee. He reactively turned sharply to his left to identify the source of the noise, causing his knees to hit the side of his desk and send pain to his neck and shoulders. The other employee turned the alarm off and then switched it back on again, claiming it was a joke.

The injured employee suffered a soft tissue cervical injury which gradually worsened and was later diagnosed as a C4/5 disc bulge imping on a nerve root which required surgery to insert an artificial disc.

The employee said the injury had left him permanently disabled and unfit for any form of employment due to the significant pain he suffered and associated psychological complications

He sued his employer for damages, loss of past and future income and a diminished quality of life. He underwent a successful L5/S1 spinal fusion and was treated for depression after the surgery.

The Court held that the employer had breached its duty of care by having the alarm in an office environment and was liable for his injuries.

The Court heard before the injury the employee led a busy and social life and enjoyed fishing, camping four wheel driving and boating. Also, he now had difficulty driving.

He was awarded $1.9 million including $1million in lost past and future earnings, $262,000 for medical expenses and $135,000 for pain and suffering.

If you have been injured at work, however caused, you may have a claim for compensation. If you wish to know your rights call Peter Moore, Compensation Lawyer of Brazel Moore Compensation Lawyers on 4324 7699 for an informal chat to find out where you stand. Always remember there are time limits that apply to making claims for personal injury.

Skills

Posted on

January 13, 2019

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