Man injured by crane wins High Court battle

Lawyer Danny Connor said Brett Dwyer suffered a terrible injury eight years ago, which has meant he wakes in pain every day and his right arm is permanently deformed, with a loss of strength and function.In February this year, the High Court sent his case back to the Victorian Court of Appeal which last week ruled that Dwyer has suffered a serious injury and was entitled to significant compensation. Connor said Dwyer gave up social activities including golf and motor cycle riding, and the injury affected relationships with his family.“Despite this, earlier Courts ruled that this was not a serious injury, and for three years we have fought for justice, from Grovedale to the High Court and back,” Connor said.Justice Nettle, of the three-member Court of Appeal, said he suspected that WorkCover might not have disputed Dwyer’s claim but for the way he has been prepared to put up with pain and suffering, and get on with his business as best he can.“But it would be unfortunate, and in my view wrongheaded, if in future such an applicant were treated less favourably than another who, being of less strength of character, simply resigned himself to his injury,” Justice Nettle said. Connor said negotiations would now begin with WorkCover to finalise Dwyer’s compensation.

Send this to a friend