The struggles of a father left with serious spinal injuries from a work accident

PUBLISHED 18 Jun 2014

At Gerard Malouf & Partners we see many instances of seriously injured people.  It is our job as compensation lawyers to ensure that these people are looked after in many aspects of their life.  People only assume that compensation is only money however; the compensation benefits are not only monetary.  It is true that Compensation allows an injured person the right of compensation for economic loss but it also provides for the right to immediate and appropriate medical treatment, domestic assistance, home modifications and others.

 The solicitors at Gerard Malouf & Partners appreciate the seriousness of injuries and how they affect a person’s life.  Injuries can be life changing for many. Here at Gerard Malouf & Partners, we see this on a day-to-day basis.  We see that through conversations we have with our clients. We see it through the medical records presented for them and we also see it through the hurt that it has caused their family members.

For one of our clients namely, Mr. David Nelson, a documentary has been created by Mr. Kris Kerehona, following his day-to-day activities.

Our client had sustained very serious spinal injuries during the course of his employment as a warehouse manager at Classic Home Improvements Pty Ltd.  He had sustained the injury on 2 July 2009 when assisting with the loading of a truck with installation batts.  Some of the bundles of the installation batts weighed up to 78 kilograms.  No assistance was provided to him by co-workers and as the warehouse manager there, this task was really not for him to undertake. The delivery driver, who is a contractor, should have been loading the truck but instead, our client was ordered to do so by his employer.  In order to load the truck, he was required to get the bundles onto pallets and then forklift the pallets to the trucking area for the loading to take place.

In this process, our client sustained a very serious injury to his spine, in particularly his lower back and neck.  His upper back was also affected, but to a lesser degree.

Since then, our client has been practically unemployable being totally incapacitated, though at one stage he had attempted to return to some suitable duties.

Eventually, our client underwent a very serious and complicated surgical procedure on 20 September 2013 involving a C6/C7 anterior cervical discectomy and fusion to overcome the persistent numbing pain he has to his upper limbs. He has been totally unfit for work ever since.

Our client was regularly involved in activities of the three young children he had at the time of his injury.  The eldest Mitchell, who was nine years of age at the time of the injury, had spent many hours with his father doing various and numerous after school activities of which our client had been involved in.  Unfortunately, that involvement has ceased since the injury. Mr. Nelson has even lesser opportunities of involvement with his younger children, who were only six years of age and four years of age at the time of the incident.

Since the accident Mr. Nelson has had a further inclusion to his family namely Keira who is presently 3 years of age. He is unable to hold her and look after her. Our client’s life has been drastically changed due to his injuries.  He is no longer active and the injuries were a major contributing factor to his eventual marriage break up.  He suffers from constant pain and of course anguish as it has stolen the opportunity of a normal father relationship with his children.

With a fusion to his neck, our client finds it very difficult to do basic things such as tying his shoe laces, getting out of bed, having a shower. Driving poses as a danger because he cannot rotate his neck from side to side to check on the side mirrors and cannot capture any vehicles coming from the blind side.

Added to his problems, our client has been on a cocktail of medications which has caused drastic digestive problems.  With the regular use of a range of strong pain killers, nerve medication and anti-inflammatories it is not surprising that he has developed consequential gastroenterological problems as well.

At Gerard Malouf & Partners, we have a compassion those injured.  That is the reason why we help them.  We want to make sure that they are properly compensated and in this instance for Mr. David Nelson, we are trying with every avenue to achieve a satisfactory outcome for him.

This video shows the day-to-day struggles of Mr. Nelson.  He is one of many.  If you can only appreciate the suffering that this gentleman is going through, you would also need to appreciate that there are many like him.

Our solicitors here at Gerard Malouf & Partners are trained in fields of personal injury that can assist injured workers like Mr. Nelson.  Not only do we have the skills and the experience but equally important, if not more importantly, we have the compassion.

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