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Special Counsel
In 2013, our client Garry’s life changed dramatically while working as a train driver’s assistant. At 46, he was experiencing a routine moment in his daily work that would have lasting consequences. While alighting from a train, Garry fell when the train’s ladder didn’t extend all the way to the ground below.
“I went to get down off the ladder,” Garry recalls. “The balusters are next to a steep rock edge and I tripped backwards and fell on another railway line and fell on my back. The last step was way too high off the ground – it wasn’t the standard in Australian trains. It was a Canadian locomotive. Every other locomotive, the step goes almost all the way to the ground.”
The immediate aftermath revealed the severity of his injury. Garry shared: “I got back on the train with my friend’s help, went 10km further and then went straight to the hospital. They flew me straight to Sydney to have surgery.”
What followed was a challenging period of recovery and employment uncertainty. When he returned to work, it was to do light duties for a short period. However, as soon as he was signed off from these duties, the company made him redundant.
“Effectively, I had to take two years off work with no pay,” Garry explains. “I went from living pretty good to things being really tough.”
The situation worsened as Garry developed ongoing complications from his accident.
“I started having serious foot and cramping issues, and I couldn’t feel my leg properly,” he shares. When he approached the insurance company about these ongoing issues, they dismissed his concerns. “They just said the case was closed. They didn’t consider any of my long-term injuries – they just wanted me to go away. I didn’t know any better at the time. Looking back now, I realise they deceived me.”
The impact on his career was substantial.
“Getting work became difficult because I had been labelled a liability due to the accident,” Garry explains. “They made it really tough.”
A crucial development occurred in August 2022, nine years after the accident.
“iCare contacted me to let me know that the insurer closing my case wasn’t right,” Garry recalls. This revelation opened the door for a Work Injury Damages claim.
“Cases like Garry’s underscore the critical need for better oversight of our current workers’ compensation system,” says Tanya To, Special Counsel at GMP Law, who handled Garry’s case. “Here was a worker who suffered a significant injury due to unsafe equipment – specifically, a ladder that didn’t meet standard safety requirements – and yet his legitimate claim was initially dismissed.”
This case presented a few unique challenges:
Despite this, as Garry recalls, “Tanya said that there could be problems due to the age of the claim, but she thought she could do well to help me see some justice.”
Tanya’s approach focused on:
We successfully secured a settlement, and Garry will take home approximately $260,000 after costs.
For Tanya, this outcome is a significant success: “Given that Work Injury Damages claims are typically limited to wage loss, and Garry had continued working for many years after his accident—only recently ceasing work at age 58—this settlement is excellent. Our claim for future wage loss was constrained by the fact that we can only seek compensation until the age of 67, so securing this result is a strong outcome.”
“Right now the money is life-changing as I’m off work with no pay. When the settlement comes through, I will be able to see a specialist and get corrective surgery. So, that offers some financial stability, making life a bit easier. It also saved me from going to court so I can put this behind me now.”
This case sends a powerful message about the employer’s duty of care and the need to address safety concerns promptly. It also highlights the importance of understanding your rights as an injured worker.
Garry’s advice to others reflects lessons learned: “I wish I’d known more about the insurance companies and what was due to me when this first happened back in 2013.”
He is grateful for the outcome Tanya was able to achieve. “I’m happy with the way Tanya handled it. I’d give her 10 points. The whole way she had handled it, her advice when trying to reach a settlement, she did her best for me. I would recommend her and use her again.”
This case demonstrates GMP Law’s ability to navigate complex cases and highlights the critical role of expert negotiation in achieving a resolution and avoiding protracted court battles.
If you believe you have a Work Injury Damages claim, reach out to GMP Law. Our team of lawyers will help you maximise your claim in the minimal time possible.
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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