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Labourer wins financial relief for shoulder injury

A worker who suffered serious shoulder injury on a construction site in 2018 has resolved his workers’ compensation claim for more than $825,000.

The 38-year-old labourer was ordered by his employer to move structural steel beams that were several metres long and weighed up to 75 kilograms from a truck to a trolley, then on to a building site when he tore the muscles in his dominant right shoulder.

Despite multiple surgeries, the worker has lost all use of his shoulder and arm and continues to experience ongoing chronic pain. He is expected to require physiotherapy and pain management and medication for the rest of his life.

Slater and Gordon Senior Associate, Barakat Rezaie, issued proceedings on the worker’s behalf in the Victorian County Court for pain and suffering damages and loss of past and future earnings. It alleged the negligence of his employer and the head contractor had caused the injury.

During last minute mediation on the day his trial was expected to begin, both defendants made a joint offer of $825,000. They also agreed to let him keep the WorkCover benefits he had previously received since the date of injury, which amounted to about $250,000.

The offer was accepted and the worker was grateful to finally be able to move on with his life.

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