$1.97 million judgement for storeman/forklift driver

Over a third of all workplace injuries every year in Australia are caused by body stressing – from manual labour such as lifting, pushing and pulling.

In many workplaces, this kind of manual labour is required to get the job done. However, it is the responsibility of every employer to ensure they provide a reasonable duty of care to reduce the risk of injuries to their employees. This includes providing correct and adequate safety techniques, equipment and training.

Our client’s $1.97 million story

Our client, Sam (not his real name), sustained significant and life-changing injuries in the course of his employment when he was attempting to move eight heavy metal gates from the back of a truck.

The primary issue in this matter was whether the employer and contractor had provided Sam with adequate training and equipment for the task, and whether they had fulfilled their duty of care to ensure a safe work environment.

Sam’s matter went all the way to judgement in court, which involved an assessment of the circumstances leading to the injury and whether his employer had taken reasonable steps to prevent such incidents.

Ultimately, the court’s decision focused on whether there was negligence on the part of the employer and third party and the extent to which they were liable for Sam’s injuries and subsequent damages.

The other part of the judgement also referred to a photograph of the eight metal gates – which were described as weighing a combined – and whopping – 300 kilograms.

Ultimately the court awarded Sam the maximum allowable at that time: $598,360 for his pain and suffering and $1,374,370 for his past and future economic loss.

Contact us

Unfortunately, accidents like these are still happening on work sites across Victoria, resulting in life changing circumstances for the injured workers and their families.

If you or anyone you know have suffered life altering injuries at work, we encourage you to act now and seek legal advice from one of our qualified and experienced WorkCover lawyers.  You can call us today on 1300 333 300 or email us at [email protected]