Lawyers win $XY for a 40-year-old man who suffered ligament strain in his forearms.
The plaintiff, who had worked in a production factory for 10 years had started noticing a dull ache in his arms two years prior to lodging his claim. He informed his line manager who moved him to a different task for a week but was then asked to return to his normal station.
He suffered a ligament strain in his forearms.
The plaintiff visited his GP who prescribed painkillers and advised that rest was needed.
Following their visit to the GP, the plaintiff was referred to an osteopath for further treatment.
The plaintiff remained off work for 4 weeks allowing the strain time to heal.
When he returned to work, the management moved him onto another station and provided training to enable him to do his job.
Following the incident, the company also put in place further safety measures, rotating workers regularly to avoid a similar injury happening again in the future.
The case was settled out of court by workplace injury lawyers with the company admitting liability early in the proceedings.
The initial offer of $XY was rejected by the plaintiff lawyers as they believed that he was entitled to much more. They argued that as the plaintiff had informed the company two years prior to the incident, the pain and suffering he endured could have been prevented, or at the very least minimalised.
The defendant’s lawyers acknowledged that even though safety measures have since been put in place, they were not practised at the time on the incident. The other party stated that they had failed in their duty of care towards their employees.
An offer of $XYwas then offered and accepted.