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Special Counsel
On August 1, 2019, what started as a routine day on Cockatoo Island in Sydney Harbour turned into a life-changing event for scaffolder David and his wife Paula. While organising the pickup of 1.2-tonne concrete bollards, a momentary lapse in attention by a HIAB crane driver set off a devastating chain of events.
“The HIAB crane driver was not paying attention and knocked over a bollard which hit the bollard next to it, causing it to fall on his right leg,” Paula recalls. “It took about 5 minutes for those present to get the bollard off his leg—they had to use the HIAB to get it off.”
The incident’s remote location added another layer of complexity to an already critical situation.
“As the incident occurred in the middle of the harbour on an island, the ambulance had to wait for the water police to take them to him. It took approximately an hour for the ambulance to get to him,” Paula explains.
David sustained various serious injuries to his left knee, right shoulder, back and a fractured right leg requiring surgery which resulted in ongoing complications such as deep vein thrombosis and pulmonary embolus.
The impact of the accident went well beyond just the physical injury.
Paula provides a touching insight into their transformed life: “For the first month, it affected his and my whole life. When he was discharged from the hospital, he slept on a recliner lounge chair. I had to help him to the bathroom and look after all his needs. Our relationship changed, from partners to me being his carer.”
The emotional toll of the incident affects their daily lives.
“David worries that someone will knock his leg or a car will back into it. Our outings that we used to go on are cut short because of the pain when he walks too far.”
The financial strain on the family was significant.
Paula shares: “When icare took down his weekly Workcover payments and then decided they would stop them altogether, it impacted us greatly.”
“We had to use what little super he had to live on as my wage was not enough to pay the mortgage and support us. I then had to retire so that I could access my super to support us until the claim was completed.”
Tanya To, Special Counsel at GMP Law, explains the complexity of the case: “We were dealing with a workplace injury involving the negligence of not only the employer but various other third parties. This allowed us to pursue both public liability and work injury damages claims. Two of the defendants went into liquidation, requiring a special application to join the insurer on risk. We also had to gather evidence from various witnesses to deal with multiple versions of the accident.”
Tanya’s approach was comprehensive and unwavering.
“We retained a workplace ergonomist expert to give evidence on the breach of duty, along with various medico-legal experts to assess the plaintiff over the relevant threshold,” Tanya notes.
“Most importantly, we did not compromise the value of the claim by accepting the defendants’ final offers.”
The turning point came weeks before a scheduled five-day Supreme Court hearing.
Through strategic negotiation, GMP Law not only secured a substantial settlement of $850,000 but also achieved something remarkable.
“We successfully negotiated to reduce the workers’ compensation insurer’s recovery debt from over $375,000 to zero, significantly increasing the client’s total net amount,” Tanya explains.
While the settlement has provided some security, Paula is candid about their future.
“The payout was enough to pay off our home but not enough for us to live on without some form of work. His legs will get worse, which will mean we may have to eventually sell our home to be able to survive.”
Paula reflects on the challenging process and offers advice for those facing similar struggles: “Expect the case to take longer than you think. Expect the insurance companies and icare to not care about how they can help. Keep on top of your paperwork and if you are not sure what is happening, ask your lawyer.”
She emphasises the importance of empathy during this tough journey: “A bit of empathy when people are going through this process is very important to build up trust. It makes you feel that your team is doing everything they can to get the best outcome for you.”
“With Tanya, Fergus, and Amanda, we felt like we were being treated as people and not just a case. Tanya and Amanda were always there to help, even when we, at times, might have been frustrated with the process.”
As Tanya concludes: “GMP Law will prosecute and run matters to hearing if that is required to achieve the best possible outcome. We will not settle just to avoid having to go to Court.”
This case showcases GMP Law’s expertise in handling complex cases and underscores the crucial role of skilled negotiation in securing a favourable resolution and maximising net compensation for our clients.
If you believe you have a public liability 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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