A freight company has been fined $220,000 following an accident in the workplace that left the employee of another organisation with permanent disabilities from a head injury.
SafeWork NSW brought the case against the firm after identifying several health and safety violations that led to the incident.
Victims of workplace accidents may be entitled to make a total and permanent disability (TPD) claim if they are unable to return to the workplace after their injuries.
As such, they can receive compensation for various costs, including past and future lost income and superannuation, ongoing medical expenses and money for non-economic losses, such as pain and suffering.
Let's take a closer look at the circumstances of this case to see whether or not the injured party would be able to pursue a claim.
How the accident happened
The victim was a truck driver working for a third party when, on the day of the accident, he drove into the offender's depot in Beresfield.
A worker at the freight firm was removing a load from the back of the semi-trailer using a forklift, with the victim helping to unsecure the delivery. While unstrapping the load, he was struck on the head by a freight cage door that had become loose and fallen from the trailer as the forklift truck removed the cargo.
According to NSW District Court documents, the victim suffered a depressed skull fracture and a traumatic brain injury that has left him with impairment of his higher cognitive functions, dental damage, deafness in his right ear and lower back problems.
The extent of the injuries
Medical reports indicate that the man suffered serious injuries that would not only affect his ability to perform his previous role as a driver but also any other occupations.
Doctors noted that he has experienced marked changes in his emotions and behaviour, as well as poor recognition of people and moderately severe memory loss.
His injuries have also resulted in impaired judgement, social interaction deficits, anxiety, depression and poor temper control.
People who have sustained serious injuries like these should be eligible for filing a TPD claim. However, every case is different and a range of factors can affect who is entitled to receive compensation in such circumstances.
If you would like to discuss an accident or illness you have suffered, please contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.