A long-term union member working in manufacturing injured his shoulder after years of operating a machine that required heavy, repetitive manual handling. His job involved frequent and prolonged use of his arms, including regular work above shoulder height. Over time, this led to a significant shoulder injury that affected his ability to work and enjoy everyday activities.
The worker made a workers’ compensation claim and a Serious Injury Application for Common Law Damages was lodged with the Victorian WorkCover Authority. The worker obtained a Serious Injury Certificate for pain and suffering, acknowledging the seriousness of his ongoing shoulder problems. However, the insurer’s lawyers disputed the nature of his work. While they accepted that he had a shoulder injury, they argued that his duties did not involve frequent above shoulder height work and that the job was not particularly heavy or strenuous. On this basis, they refused to make a reasonable offer to settle his claim.
Slater and Gordon worked closely with the worker’s union. A union delegate at the workplace provided a detailed statement describing the reality of the job. The delegate confirmed that the role involved regular and prolonged above shoulder height tasks and significant strain on the shoulders. This independent statement supported the worker’s version of events and was provided to the insurer’s lawyers.
After receiving this corroborating evidence, the insurer’s lawyers reconsidered their position. They made a series of improved offers and the case ultimately resolved for more than $200,000 in pain and suffering damages, plus a contribution to legal costs. Importantly, the matter settled without the need to issue court proceedings.
As a union member, the worker also benefited from reduced legal fees through his union’s arrangement with Slater and Gordon, receiving a 15 per cent discount on fees. This case highlights the value of strong union support and detailed evidence about actual work duties in securing a fair outcome for injured workers.