By
Gaby Grammeno
Contributor
The woman was employed as a process worker at an abattoir. A co-worker had asked her to remove a box that was stuck on the conveyor belt. As she reached out to free the box the conveyor belt started moving again, catching her jacket and pulling her into the machine.
Her body was twisted over into a narrow space and trapped beneath a higher conveyor belt. She grabbed a pole to avoid falling into a machine that could have crushed her. She screamed for help but at first, no one heard her due to the noisy environment.
Twenty to 30 seconds later someone stopped the belt and she was freed. She could not walk unassisted and the pain was such that she could not hold herself up. She was taken to the company doctor and then to a hospital, where after waiting a long time, she was told to go home and take Panadol.
Later investigation by several different doctors revealed mildly displaced fractures in three of the bones of her pelvis. She was prescribed heavy painkillers and referred for physiotherapy and also for psychological treatment for feelings of anxiety, depression, and flashbacks of being pulled into the machine.
She was unable to drive due to the pain and had trouble with self-care and domestic duties, as well as nightmares, poor concentration, and panic attacks.
A month later, still on crutches but back at work on suitable duties, she was given the task of shredding papers in the office. While doing this task she came across some paperwork she thought related to her workers compensation claim – paperwork she’d never received.
But as she was sitting in the office reading the document, another employee came into the office and saw what she was reading. She was later accused of serious misconduct involving the potential misuse of sensitive confidential documents, and the company sacked her.
Liability for her injuries
Her employer – a self-insurer – accepted liability for her physical injuries and made compensation payments to her for seven months, after which it disputed liability to make any further payments.
The woman applied to resolve the dispute with the Personal Injury Commission of New South Wales. She sought ongoing compensation payments, as her pain persisted and her mental state was deteriorating, according to a psychiatrist’s report. She was diagnosed with post-traumatic stress disorder, and by another doctor as having an adjustment disorder due to chronic pain.
The company argued that because the woman had moved to Queensland, the matter was affected by federal jurisdiction and the Commission had no power to hear and determine the claim. The Commission determined that this was not so, and made orders in the woman’s favour, but the company successfully appealed against this decision.
Following this, the District Court found that the matter did not raise any issue of federal jurisdiction and that the usual decision-maker (the Commission), had power to determine the matter, which was then remitted to the Commission to be heard by a different member.
After several opportunities to explore a settlement, the parties were unable to reach an agreement, so the matter was again heard by the Personal Injury Commission.
In the Commission
The Commissioner reviewed the evidence, including a medical report made two and a half years after the accident, which described her feelings of hopelessness, suicidal thoughts, social withdrawal, problems with sleep, persistent flashbacks, nightmares, weight loss, and difficulties concentrating. She could not focus on cognitively challenging tasks such as reading, which made it impossible for her to retrain for a different type of work.
The Commissioner decided that the woman’s employment was a substantial contributing factor to the psychological injury, that she has no current work capacity as a result of the injury, and that she is unlikely to ever be able to work again.
The Commission ordered the company to pay the woman ongoing weekly compensation as well as her reasonably necessary medical expenses.
What it means for employers
It is not uncommon for significant physical injuries to lead to incapacitating depression and anxiety, highlighting the importance of preventing serious injuries in the first place. Employers with conveyor belts should make sure it’s impressed on all workers – through repeated reminders, signage, instruction, and other suitable means – that they must on no account attempt to free any blockage unless the belt is switched off and someone is monitoring the situation.
Read the decision
Lee v Fletcher International Exports Pty Ltd [2023] NSWPIC 399
