ARTICLE · 30 OCTOBER 2017

Pain and restriction enough for a compensation claim

Sparke Helmore Lawyers

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Reporting constant pain, with some restriction on other activities, is enough to bring a claim for a workplace injury.

AustraliaEmployment and HR

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The decision of Avery v Victorian WorkCover Authority [2017] VCC 739 has confirmed that reporting constant pain, coupled with some restriction on recreational, grooming and household activities, is enough to bring a claim for pain and suffering against WorkerCover for a workplace injury. This will be the case where independent medical evidence suggests the plaintiff only has residual symptoms and mild restrictions.

Background
Kerry Anne Avery, the Plaintiff, worked in an administrative capacity in Warrnambool Hospital's pathology department. On 15 July 2014, she tripped when walking through the histology department to return to her office and fell landing heavily on her outstretched right arm. In April 2015, she underwent surgery for an injury to her right wrist, which was followed by hand therapy.

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