Maintenance workers resolves injury claim for over $200,000 in compensation

Published 18 Apr 2017

We managed to secure compensation of over $200,000 for a maintenance worker who was employed in the Sydney metropolitan region. Our client carried out maintenance at a company but outside his normal role, he was asked to operate machinery in the production of bricks. This was a repetitive and strenuous task that did not form part of his maintenance role. The conveyor belt that he worked with moved so quickly that when there were defective bricks, our client was required to move them off the conveyor belt without sufficient time to remove them safely. It was a rush.

Nevertheless, to keep up with the process he was repeatedly lifting bricks and twisting from mid torso to place the defective ones aside. The task eventually caught up with him, leading to a back injury. It was no surprise to learn the significance of the back injury because when he explained the mechanism as to how he injured himself to us, his description of the mechanism of action was almost laughable. At Gerard Malouf & Partners we have an understanding when there is an unsafe work system and this seemed obvious.

These types of injuries can be devastating for workers who are employed in a role of a physical nature. As would be expected, these types of workers would need to have a reasonably good level of physical strength and fitness in order to be effective at their jobs. With an injury to his back our client was at a loss to know what to do with his life.  He was unable to continue working as he had before, yet the bills and rent still needed to be paid. His main skillset comprised of doing jobs that revolved around physical work and after his injury, there was simply no way that he could undertake this type of work in the way he had before. 

Our client’s workplace had failed to provide a safe system of work. If the conveyor belt had moved at a reasonable pace, rather than at top speed, our client would not have needed to lift and twist his upper body repeatedly in a rapid motion in order to remove defective bricks. He would have had enough time to safely remove the bricks and use proper lifting procedure. Furthermore, being placed in a role which was outside his normal role as a Maintenance Worker, went in our favour to a great extent.

At Gerard Malouf and Partners we identified the legal issues in our client’s case and utilised this to navigate towards a promising settlement for a compensation payout. This was accomplished without the need take the case to Court.

Our expertise in running compensation claims is because of experience and knowledge of broad issues. This includes legal procedure, medical issues, the question of incapacity in an individual and the understanding on points of negligence.