Key Takeaways
- Injury: Lower back injury sustained while manually removing waste from a conveyor belt
- Claim type: Workers compensation + common law negligence proceedings against employer
- Evidence: Safety Management expert, Ergonomics expert, Building expert, plus supporting medical evidence
- Settlement: $780,000 at mediation, 10 years after the injury
A Manual Task That Should Never Have Been Manual
On 5 July 2011, our client, a 46-year-old assistant operator, crouched beneath a conveyor belt to remove waste by hand. He injured his lower back. The task itself was the problem. There was no safe system for clearing waste from under the belt. No mechanical solution, no modified process. He did it manually because that's how the job was set up.
His workers compensation claim was lodged and accepted. He received incapacity weekly payments, treatment expenses, and lump sum compensation under the statutory scheme. But those entitlements have limits. They don't account for the full earning capacity he lost, or the superannuation that stopped accumulating the day he couldn't return to his pre-injury duties.
That's where common law negligence comes in.
The Weight of Proving an Unsafe System
Workplace negligence claims carry a specific evidence burden. It's not enough to show someone got hurt at work. We had to establish that the employer failed to provide a safe system of work, and that this failure directly caused the injury.
Employers and their insurers rarely concede that point without a fight. The question of whether a system of work is "unsafe" often turns on technical detail: how the task was designed, what alternatives existed, whether industry standards required a different approach. Pre-existing conditions and prior injuries are almost always raised to argue the workplace wasn't the real cause.
We commenced negligence proceedings against the employer and set about building the evidence needed to prove the case.
Building the Case, Expert by Expert
We engaged four categories of expert evidence:
A Safety Management expert examined the work procedures and assessed whether the employer's system met safety obligations. A Building expert looked at the physical setup of the conveyor belt and the workspace. An Ergonomics expert analysed the manual task itself, the postures required, and the load on the lower back.
Together, their evidence pointed to the same conclusion: the employer required our client to manually lift waste from underneath the conveyor belt, and that system was unsafe.
Medical evidence from treating and independent specialists then connected the dots. The unsafe system of work caused significant lower back injuries that prevented our client from returning to his pre-injury employment duties and capacity. He couldn't do the work he'd done before. That loss was permanent.
Ten Years to Resolution
The claim covered loss of income and loss of superannuation to the date of mediation, plus future loss of earning capacity. By the time the matter reached mediation, our client was 56 years old. A decade had passed since the injury.
Ten years is a long time to carry an unresolved claim. It reflects the reality of common law proceedings: gathering expert evidence, responding to the insurer's challenges, and waiting for a mediation date all take time. Persistence matters as much as legal strategy.
At mediation, the insurer for the employer agreed to pay $780,000.
If You've Been Injured at Work
A workers compensation claim covers your immediate entitlements. But if your employer's negligence caused the injury, you may have a separate common law claim for the income and capacity you've lost. The difference between statutory entitlements and a negligence settlement can be significant.
We act on a No Win, No Fee basis for workplace injury compensation claims across NSW. If you're unsure whether your injury qualifies for a negligence claim, call us on 1300 011 149 or contact us online for a free consultation.
Legal disclaimer: This case study describes the outcome of a specific matter settled on its own facts and circumstances. Past results do not guarantee similar outcomes. Every claim involves different injuries, losses, and legal issues. This article is general information, not legal advice. If you need advice about a workplace injury claim, contact State Law Group directly.
