Redlich's Work Injury Lawyers has helped an injured Victorian worker establish that they have suffered an injury serious enough to warrant pain and suffering compensation.
The worker was employed as a nurse and was attending to a patient when a light fell and struck her on the shoulder. Unfortunately, the impact left her with an injury of such severity that she was required to undergo surgery to her shoulder and extensive physiotherapy. These treatments were unsuccessful, and she has been left with permanent pain and restricted movement in her shoulder.
Genna Angelowitsch made application to WorkSafe seeking a certificate recognising that the worker had suffered a serious injury and was entitled to pain and suffering compensation. This application was rejected, and proceedings were issued in the County Court.
In his judgment delivered in May 2015, His Honour Judge Bowman found that the Plaintiff had established that the consequences of her shoulder injury constituted a serious injury. He accepted her as a particularly impressive witness who was completely genuine and honest . He found that the pain and restriction in her shoulder had a considerable impact on the worker's activities of daily living, as well as her social, domestic and recreational pursuits, and could rightly be classified as a serious injury. The finding means that the worker is now entitled to pursue a claim for damages for her pain and suffering.
Workplace injuries are fairly common, and if it happens, it is important that you get accurate advice about your rights and entitlements. If you or someone you know has suffered an injury as a result of their employment, we invite you to speak to one of our expert injury lawyers on (03) 9321 9988.