A woman from Victoria had to be rescued by paramedics and Country Fire Authority at her workplace after becoming trapped in an industrial-sized bread crumb machine overnight in early December.
Background of the accident
During the hours of her overnight shift, the Melbourne worker became stuck partially inside the industrial-sized pulverising machine. She was taken from the factory, located in Dandenong South, to Alfred Hospital, with a head injury and was in stable condition.
Witnesses claimed that this wasn’t the first time an incident like this happened at this factory. A similar situation happened at the same location roughly a month before this accident as well.
Does the victim have grounds to file a claim?
If individuals sustain injuries during the course of his or her shift, they can often successfully seek a worker’s compensation claim. The victim in question here was working an overnight shift when she was trapped in the bread crumb maker, so she may have the right to make a claim.
Whether the claim is successful will depend on a number of details of this particular case. For instance, the individual and her legal representative may have to show that the injuries sustained were part of her work duties, that she was using the machinery properly, that treatment she is seeking compensation for is the appropriate course per medical evaluation and so on.
The victim should also note that, as a result of her head injuries, if there are any mental health diagnoses that should arise as a direct result, like stress or anxiety, any associated treatment may also be covered by a worker’s compensation claim in Victoria.
In Victoria, compensation depends on incapacitation. Because the victim in this particular instance suffered a head wound, she might find herself unable to return to work for some time. If that is the case, she may want to file her claim not only to account for any potentially uncovered medical treatments and travel expenses (like to and from physio appointments), but also for any wages that may be lost until she can return to her position, if that’s possible. In Victoria, this could also last if she were unable to ever return to her role, until retirement age, depending upon specific entitlements.
It is very important that individuals seeking a worker’s compensation claim discuss their case with a lawyer. At Gerard Malouf and Partners Compensation, Medical Negligence & Will Dispute Lawyers, our experienced team can help you file and follow through with your worker’s compensation suit. Contact our team today for a free consultation.