Carpenter fell through a manhole in a construction site and received over $900,000 against the builders

PUBLISHED 11 Dec 2020

Our client was employed as a carpenter. He sustained a physical injury at a construction worksite after being on the job as a carpenter for six months. On the date of the injury, the client was working on the second basement level of the car park of the building site, having been involved for several weeks prior in the construction of formwork to lay concrete in the car parks. On that day, the Plaintiff stepped away from the edge board of a deck which he had constructed and stepped onto an unsecured piece of plywood which was, unbeknownst to the client, covering a hole. As a result, he fell into the hole with his right arm outstretched, causing injury to his right shoulder and neck.

The client had a tear injury on his right shoulder and underwent surgery. The client has not been able to perform his pre-injury employment duties since the date of injury. He has persistent impairment in his shoulder and neck. He had attended physiotherapy and physical rehabilitation however, these impairments are permanent.

We then advised our client of a potential claim in negligence against the head contractor/builder and formwork company for their failure to provide a safe system of work which caused a serious injury resulting in an inability to work. Due to the negligence of a third party, this was a public liability case.

A claim for Work Injury Damages was then commenced against the employer. Our expert team here at Gerard Malouf & Partners offer a “no win, no fee” arrangement whereby our client does not have to pay any fee until their matter is successfully resolved.

We obtained expert evidence and prepared the claim in negligence against the two parties responsible. The matter was then successfully settled by our senior solicitor and experienced barrister. Our client ultimately received $900,000 in compensation from both defendants.

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