Paramedic choked by drug affected man

Date: Nov 26, 2019

A Victoria paramedic found herself in court recently recounting the story of a horrific incident in which she was choked by a Melbourne man heavily intoxicated by multiple drugs. The prosecution is attempting to get the defendant locked up for assault, though he is appealing a non-custodial sentence in Victorian County Court for the incident that occurred in January 2019.

Background of the situation

The female paramedic continues to suffer ongoing flashbacks of the situation, which she said are extremely vivid, as she was trapped in the back of her own ambulance. At the time of the trial, she had yet to return to her duties, because of the extent of her injuries, both physical and psychological.

The defendant claimed in court that he suffered from a pre-existing autism spectrum disorder, as well as an increased risk of suicide should he be placed in custody, resulting in his noncustodial order. In the initial trial, he did plead guilty to causing injury and assaulting an emergency worker, and was sentenced to a community corrections order.

The prosecution is now arguing that the defendant should be given a jail sentence, as he was in a psychotic state following a festival, where he took a self-induced drug cocktail.

Could the paramedic pursue a workers compensation claim?

Because her injuries were sustained while on the job, the paramedic may be able to file a worker’s compensation claim. She might want to speak with legal representation about seeking compensation for any medical expenses, lost wages, travel costs and potentially pain and suffering endured.

In Victoria, entitlements include a lump sum, weekly payments for incapacitation and inability to return to work, and reimbursement for expenses associated with treating the injury. This includes the physical injury, as well as mental health, which may be beneficial in the paramedic’s case, given her citation of psychological damages during the court case.

Payments will be based on:

  • Pre-injury average weekly earnings,
  • entitlements to sick leave,
  • annual leave and
  • redundancy payments.

Note that in Victoria, it doesn’t matter whether you’ve already received treatment before you file for workers compensation or not, as your health is the most important thing. Per state law, you can be reimbursed for all expenses after the fact.

If you need help filing a workers compensation claim, don’t hesitate to contact Gerard Malouf and Partners Compensation, Medical Negligence & Will Dispute Lawyers. Our experienced team can help you file your claim and seek your compensation.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.