Lawyers win $XY for 28-year-old worker who suffered multiple injuries after an accident on a worksite in QLD.
The plaintiff was working on a construction site at ground level when a chisel fell from the 3rd level of the scaffold. Although he was wearing a hard hat at the time, he suffered from deep lacerations to the face and a broken left clavicle.
He was taken to the hospital where he required 24 stitches which were carried out under local anaesthetic. He was also given pain relief for the break and external immobiliser was used to support the arm and to optimise the healing process.
Pain relief was prescribed for the plaintiff to take home. Follow up appointments were set once a week for x-rays to monitor the healing process of the break. After 3 weeks this changed to every other week.
The stitches that were applied to the face were removed after one week.
The plaintiff was left with significant facial scarring following the accident which he is very self-conscious about.
He was able to return to work after 8 weeks but found he was very anxious especially when working at ground level.
The case was settled between his workers compensation lawyers’ and defendants’ lawyers out of court. It was determined that the construction company and site manager failed in their duty of care to their workers. As the plaintiff was wearing a hardhat at the time of the incident, he had done his part to reduce the risk of injury. The plaintiff’s lawyers also argued that the work that required the use of the chisel could have been completed at ground level, thus minimising the risk of accident or injury.
After much deliberation, an amount of $XY was agreed upon.