Our client came to us to obtain legal advice about an injury he sustained whilst working.
At first glance it appeared that it was a worker’s compensation matter however the circumstances were that our client was employed by a labour hire company who directed him to work at another companies premises. Our client was working as a picker packer at a warehouse. He was loading boxes of soft drink weighing about 20 kilograms from one pallet to another and during that process suffered an injury to his back.
The matter is one in which proceedings were commenced against the third party premises being the warehouse as this was more beneficial to our client in terms of damages rather than a worker’s compensation matter.
It appears to precipitate the accident was that the warehouse managers encouraged the Plaintiff to work at high speed and failed to prevent injuries by causing the rush lifts. He had been trained by the warehouse in the nature of the work but it failed to address the risk of the rushed work in training and appears to possible ignore such training. The primary course of negligence therefore rested with the warehouse in the faith public care manager control will prevent the risk from materialising.
Throughout the matter the proceedings of the matter claims were also made in worker’s compensation and fortunately for the client expenses were paid by the worker’s compensation insurer.
Following the accident, the client was off work for a number of weeks and then returned on light duties and working in office environment thereafter another establishment. He continued to work for 6 months until he had an operation. The operation was a success and enabled the client to return to a form of work as a barman but not the heavier work he used to perform.
Proceedings were commenced in the District Court and the necessary medical reports and expert reports were all obtained to strengthen the client’s case.
Ultimately the Defendant Solicitors agreed to attend a settlement conference to discuss the matter and attempt to settle it. The Defendant Solicitors were provided with all the expert and medical reports together with a large amount of documentation received from the workers compensation insurer.
After extensive negotiations with the solicitors for the warehouse and also further negotiations with the workers compensation insurer to reduce the amount of money they were requiring that under law they can be repaid for expenses paid on behalf of the client, the matter settled for an amount greater then $250,000.00.
The sum represented the significant amount of money which allowed our client to move on with his life. A successful result and a happy client.