Following a three day hearing in the County Court of Victoria, a 51 year old Turkish speaking client of Adviceline Injury Lawyers has been granted a Serious Injury certificate for a back injury he suffered during the course of his employment as a die setter and machine mechanic.
After commencing work the Defendant in 1989, our client began experiencing lower back pain as a result of the heavy work he was undertaking. Despite his back pain he continued to work for many years, before injuring his back at work whilst fixing a machine in early 2000. In April 2000 he underwent back surgery and required a short time off work.
Our client returned to work in September of 2000 and commenced working as a supervisor. He continued to work, experiencing occasional back pain but able to manage, until a change in management saw him leave his position with the Defendant in 2007. Upon leaving work his back pain increased and his condition deteriorated significantly. It was only upon leaving work that our client realised the full extent of his back injury, and he has not been able to return to work.
Despite having a history of prior back pain and undergoing back surgery in April 2000, the County Court Judge was not satisfied that our client had the requisite knowledge of his injuries prior to ending his employment with the Defendant in 2007. She granted a Serious Injury certificate for both pain and suffering damages and loss of earnings.
This enables our client to now claim common law damages for the period 1989 to November 1997 and then from October 1999 to 2007. The period between November 1997 to October 1999 is the "black hole period" where injured workers in Victoria are prohibited from claiming common law damages.
Our client is very happy with the outcome in his case.