Scott Hall-Johnston, a partner at Beilby Poulden Costello, recently represented a woman who suffered an injury in the course of her work.
The plaintiff, in the course of her work, fell and suffered injury to both knees and her spine. A workers compensations claim was lodged and she was deemed to have permanent injury to her right knee and spine. The injury to her left knee, although considerable, had not stabilised and could not be assessed. The Workers Compensation Commission determined that because the injury to the left knee had not stabilised, it would be inappropriate to pay compensation until such time as it did.
The NSW Court of Appeal found that there is no reason why a worker cannot be paid compensation in respect of injuries that have stabilised, and at a later time, be paid compensation for injuries which have not yet stabilised.
Effect of the Decision:
The decision has ensured that workers who suffer multiple injuries in the course of their work are entitled to claim compensation prior to the stabilisation of all injuries. This decision guarantees that workers don’t suffer an unfair delay in gaining compensation as a result of injuries suffered at work.
If you would like to discuss your rights, please contact one of the solicitors at Beilby Poulden Costello on 8280 6900.
Case Source: Worker Receives Compensation Prior to Stabilisation of All Injuries