A worker who was injured after falling down stairs at a Laverton North factory has been awarded $890,000 in damages by the Supreme Court.
In November 2011, the man, who was in his mid-30s, was working as a labourer at a concrete pipe manufacturing plant operated by Holcim (Australia), when he slipped three steps from a landing and fell onto the concrete factory floor.
At the time, the man was employed through the labour hire firm Ready Workforce. The court heard the man had brought legal action alleging negligence by Holcim and Ready Workforce, and a breach of duty by Holcim.
Supreme Court Judge Andrew Keogh said that the man’s evidence described the landing’s surface as being wet and covered in debris from the factory’s manufacturing process, when he fell and landed mainly on his right lower back, leg and shoulder.
The court hard that the injured man was afterwards diagnosed with a partial tear to his right Achilles tendon, chronic low back pain caused by aggravation of pre-existing degenerative changes, a right shoulder injury, a soft tissue injury to his right hip and chronic pain syndrome.
Justice Keogh said this had caused ongoing pain and difficulty when trying to lift heavy weights or reach high cupboards.
The court heard the man also suffered nightmares and flashbacks of his fall, and he felt “embarrassment and shame” for not working and had been diagnosed with depression.
Justice Keogh said it was likely that the worker would continue to suffer symptoms from each of his conditions “indefinitely” into the future.
“The injuries have caused incapacity for employment and a substantial inference to …enjoyment of life,” Justice Keogh said.
He awarded the worker damages of $220,000 for pain and suffering, $315,000 for past loss of earnings and $355,000 for future loss of earning capacity, adding up to $890,000 in total.
