Compensation win for club waitress

Kells has secured a fantastic victory in Court for one our deserving clients, being awarded almost $1.47M for her loss of earnings following a workplace injury.

The case involved our client, a young waitress working at a local leagues club whilst studying full-time. Unbeknownst to our client, non-slip mats had been removed from the kitchen, exposing water and oil on tile flooring. When carrying plates into the club’s kitchen, she slipped and fell upon the water and oil. She suffered serious lower back injuries requiring surgery.

Court action was commenced upon behalf of our client, and we successfully argued that the employer was negligent in failing to provide a safe system of work through the removal of non-slip mats. The Court accepted those arguments.

The insurer raised numerous arguments as to credibility of witness evidence, which the Court rejected. The Court also rejected any notion that our client had caused or contributed to her own injury and His Honour opposed the suggestion that she had not taken steps to mitigate her own losses.

In fact, it was established in Court that our client was an honest, hard-working young lady who deserved to be compensated for the loss of income associated with her injuries. The loss of income was assessed in accordance with her post-qualification earning potential, not her pre-injury wage.

The Court assessed lost income at the higher end of available calculations and awarded $1M for future losses, $140,000 for future lost superannuation, and the remaining $330,000 awarded in relation to past losses.*

Kells was pleased to achieve such an excellent result.

With very few of these cases being heard in Court each year, this particular Court decision is a win for workers, a warning for insurer’s who under-assess the value of a claim, and a demonstration that excellent legal representation can make a real difference for injured workers.

Have you got an injury or illness that occurred at work or was significantly contributed to, or aggravated by, your work? If you have the slightest concern, Kells provides a free case assessment of your possible compensation claim with no obligation to proceed. Our specialised and caring personal injury lawyers can meet you at home, at one of our six offices or even in hospital.

* The nature of this claim (a Work Injury Damages claim) meant that only losses in respect of earnings could be recovered, with the law and legislation restricting the types of compensation claimable. Other claims may not be so restricted.



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