Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 9 February 2019.
Mario, aged 67, was working for a labour hire company as a formwork labourer on a construction site. The concrete company giving him instructions was not his employer.
Mario’s role consisted of him performing manual work which involved heavy lifting. On occasions he would lift plywood sheeting which when damp, weighed between 20 and 40 kg.
Unfortunately, on one occasion, Mario was lifting a plywood sheet in bad lighting and he lost his balance and fell. He suffered a particularly serious injury to his left knee. Mario had previously asked the concrete company to improve the lighting.
With the assistance of his solicitor, Mario makes a claim under the Civil Liabilities Act against the concrete company, who the court finds negligent.
When Mario’s damages are assessed, Mario is 70 years of age. Based on the evidence, the court assessed the injury at 27% of the most extreme case, equating to damages for pain and suffering and loss of enjoyment of life, in the amount of $63,500.
Mario also claimed damages for economic loss. He asserted that despite suffering from some pre-existing injuries, the latest injury to his left knee was the injury that was preventing him from working. The court accepted, that despite his age, the injury to his knee was a significant contributor to Mario’s inability to work for the three years following the accident and awarded him $40,000 for past loss of wages.
The court granted an additional $15,000 for future economic loss on the basis that he would have done some work from time-to-time, if it were not for his injury.
Mario also receives an order for payment of his legal costs.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
