# Lawyer Info



## najanaja (Jul 11, 2011)

As some of you know, i got badly electrocuted at work 3 weeks ago.

To cut it short i was following a simple instruction of unblocking a ''s bend'' in a glass washer at work when it happened..

As this is the short version,,, it grabbed me and i was electrocuted for about 20 seconds as i couldnt release my hand.

2 paramedic crews came and the fire brigade, stablized me, pain relief and wizzes me to hospital.

Most the electricity entered and exited my hand, which is the only reason i am alive to tell this story. but they still say i was 1 in 1000 for surviving

But my hand got some serious 3rd degree burns, external and internally..

i have lost nearly all feeling to the top of my hand as here is the main burn.

and i have pins and needle sensation to my thumb that have not eased up..( no feeling just numbness)

i have about 50% movement in all my fingers( but lost 50%), maybe this all will get better maybe not?

as of last Monday i had sergeory to cut out all the dead tissue and have skin grafts.

i have lost a most ligaments and most nerves as well..as well as all the muscle damage

but i tell you what,, its now ugly as hell and still the pain does not let up ( now i have a sore leg too from the skin grafts)

It looks like a crator on the top of my hand, and one at the base of the thumb

It has been 3 weeks now since it happened and i will be off work for at least another month (work cover yay) NOT

my question though is about lawyers

My work dont give a **** and havent spoken to me since the Friday i visited them and told them of my operation requirements (10 days ago)

But now i have had enough, every one says i have a claim, and i deserve something too..


What lawyer advice can anyone give me as i have never had to use one before apart from my property purchases..

I dont know if anyone knows of a good one in the Gold Coast/ South Brisbane area?

Wether to use a ''no win no fee'' type lawyer or to pay up front?

How long this process will take?

What sort of money i could expect ( if its not much maybe i wont waste my time)?

As i say, my hand is so ugly ( made mysef and my wife sick when we both saw it for the first time, and she wont look at it again)

and if i dont get full feeling and movement back, its makes my life of snake catching and karate instructing or that more harder.



You get the hint, any advice would be great...

PS.. i do have pictures but as i say they are pretty bad, and they still dont do the wounds justice..


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## snakes123 (Jul 11, 2011)

Wow that sucks, hope you get better and hope it all goes well for you.


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## MathewB (Jul 11, 2011)

Can't help but mate that sounds pretty full on, hope it all works out


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## prettypython (Jul 11, 2011)

That sux. I and my friend had a car smash a few years ago, and I would fully recomend paying for a good lawyer, we agreed to pay him a % of our claim once settled, this took 2 years for mine, and about 3.5 for my friends. I had minor broken ribs, 13 breaks. I recived just over 10 k my friend had a bad broken bone and rib breaks too that requied 2 surgerys, he recived over. $100'000. Defiently pay the extra for the best lawyer. We used what used to be called a QC now they just call them council.


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## najanaja (Jul 11, 2011)

these are a few pics of my hand so you get the idea..

these are post skin grafts and not the worst ones but you will get the idea


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## Just_Plain_Nuts (Jul 11, 2011)

Dont know much about lawyers and i generally don't condone suing people but when they were negligent and you were seriously hurt and almost killed it certainly justifies it especially when they are uncooperative over it. Make sure you document everything and see a lawyer asap. You will be eligible for quite large compensation especially if it is permanent and it permanently impeeds your ability to earn money and carry out your life..good luck Mick


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## D3pro (Jul 11, 2011)

Work health and safety violation.
They asked you, out of negligence, to do what a qualified electrician should of done.

This means that because of the company's mistake, you suffered losses both physical and emotional.
You can be compensated anywhere from 5 digits to 6. Depends on the claim.

A good lawyer should help you with your claim. Ask around first.

Thank god your alive mate.


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## CrystalMoon (Jul 12, 2011)

I am really happy you are still with us(bet you are too) I feel you really need to shop around, you deserve to be compensated. 
all the best with your injuries
Kind regards
Crystal


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## stockhorse (Jul 12, 2011)

Don't go jumping the gun.You say your work is not interested but you realy don't know what they are thinking.There insurance will normally give you the best payout and future medical expenses deal that you will get.Don't think of lump sum so much as future payment for medical and lost future earnings.
Your company may be trying to do the best for you,You do not explain what your job is or your duties,or how you got electrocuted if clearing an S bend where power would not normally be.Your company may be telling insurance that you are a good employee and you would not have been foolish in doing what was asked and the machine had a fault that was unforseeable.
If you go getting a lawyer and starting to fight them you may find that their attitude is that any reasonable person would have made sure power was disconnected before doing anything on the machine.Negligence could be found against you and compensation greatly reduced.
Talk to the company first and take a softly softly approach until you are sure what they are thinking, a large payout makes no difference to them apart from a slighty higher premium so you will probably find that although they are not showing it they are on your side.
Good Luck with it .


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## ianinoz (Jul 12, 2011)

Ouch. You dodged a bullet !!

No legal type, but it is likely you'll loose your case I would think unless you can prove you were not negligent from an OHS and electrical isolation and lock-out viewpoint.
Were you responsible for electrical isolation and lockout , were the proper safety procedures followed before you started the job ?

Best of luck but beware, if you loose you will be ordered to pay all the costs and this could be a substantial sum of money.


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## slim6y (Jul 12, 2011)

I guess that's where the no win - no fee comes in ianinoz.

The main things you're able to sue for though is hospital costs, loss of income and... Perhaps it's your fun hand... Loss of enjoyment of life etc etc...

Then, they have to prove the company that employs you were negligent. 

Unfortunately - you'll need to seek 'free' legal advice from professionals first before you take the next step. 

Almost ANY lawyer will take your case... There's more sharks out there than anything. So start by going to a community law centre for advice - they CAN NOT profit so they will tell you if you have a case or not. 

Also - the word electrocution - be careful... In law electrocution is a shock that stops your heart or ends your life - what you received was a serious electric shock.

You'll also need to be careful not to make false claims - for example, can you prove your hand was locked on for 20 seconds?

How were you released from the grip of electricity?

In the real world a FUSE should have blown as you were 'earthing' the current (to an extent) and a correctly installed ground fault interrupter (or RCD) would have cut out (if working properly) within 1/3 of a second. 

So now it's no longer the company being negligent, but the people who installed their electrical wiring... So you see - I guess you can really build a large web and maybe in the end you'll win....

But all I can advise is first seek legal advice from a professional or community law centre. 

Even if you pay the $330 per hour a lawyer will charge - that's all you'll need to pay if no case can be made...


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## Recharge (Jul 12, 2011)

stay the hell away from no win no fee lawyers, you'll lose almost 50% (if not more) of your payout. 
take the long road and go through decent lawyers if you can manage it, talk to legal aid first (as they're free) and check ALL and every option before lawyering up. 
make sure you get at least two lawyer opinions first (always get a second opinion) do try to work with your employer if at all possible, they'll have been told not to talk to you by their lawyers most likely (to limit claim and responsibility) (that's what they're hired for by business after all, limit costs)

check into statute of limitations to see if you have a time limit for claims, cover all your bases!


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## Chris1 (Jul 12, 2011)

ewwwwwww, thats heaps nasty!!

bloody lucky youre alive it seems, hope you get the feeling and movement back!! (or most of it anyway)

good luck, you definately deserve something,....!!


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## mattyg (Jul 12, 2011)

i got electricuted at work once entered my right hand exit my right foot big toe. i did what your thinking about doing and at first there was a work place inspection and found out that the saftey switch was not wired in and was there basicly for good looks. after that was found out i never even needed to go to court


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## hilly (Jul 12, 2011)

mattyg said:


> i got electricuted at work once entered my right hand exit my right foot big toe. i did what your thinking about doing and at first there was a work place inspection and found out that the saftey switch was not wired in and was there basicly for good looks. after that was found out i never even needed to go to court


 
As has already been said-



slim6y said:


> Also - the word electrocution - be careful... In law electrocution is a shock that stops your heart or ends your life - what you received was a serious electric shock.


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## smeejason (Jul 12, 2011)

Contact the union that you work under. They will know exactly who to put you onto to. They deal with this stuff every day and will at least be able to advise you what cause of action to take.
Hopefully they are a good union and will help you even if you are not a member. 
Other than that my wife works for one of qld largest and awarded law firms Pm me and i will give you the details. Being one of the best though they are mighty pricey but you get what you pay for.


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## najanaja (Jul 12, 2011)

Thank for that mate..

a quick note on all of this..

one im a handy man for a large hotel/ pub group so thats the why i was there part of it..

i was told there was a block in a glass washer over the radio,,(im rushed and i get about 100 jobs like this a day) so fix it 
i went down with a plunger which not being a qulaified sparky or plumber is my basic job discription..
My boss saw me and directly told me to not use a plunger as there were probebly straws in the ''s bend'' and if i plunge it it would block again
he told me to take the ''s bend'' off and to clean it out..
i did what i was told and as soon as i reached in to undo the top nut on the s bend, BANG

i was told this is electrocution and not just a shock..
it grabed my left hand and i couldnt get it off, when i put my right hand on the top of the washer to push myself off the power went all through me and out my other hand.
i could feel the electricity going through my chest( for about 5 seconds).. not easily i was able to free my right hand, i could just feel it frying my left hand still...
i couldnt get it off, silly me out of instinct tried pushing myself off with my right hand again and same feeling, i could then feel it go all through me again(again about 5 seconds)..
it took al my might just to get my right hand off he top as it feels like you stick to it like glue,,, but i got my right off
my left hand was still frying and by now i knew i was in real trouble..
i was screaming '' why isnt the power cutting out'' and ''why cant i let go of it''?
to keep the gore out, i knew i had to get off it or i was dead,,,,
being 6''4 and strong built,,, i gave the god al mighty pull with everything i had and somehow managed to get off it..
i felt like my hand was in a vice and i had to rip my arm off and leave it there..

but it was definantly between 20 and 25 seconds i was on it.

they say it didnt cut out because it only ren a cercut breaker and i wasnt sending back more amps/currents for it to trip?




slim6y said:


> Then, they have to prove the company that employs you were negligent.
> 
> Also - the word electrocution - be careful... In law electrocution is a shock that stops your heart or ends your life - what you received was a serious electric shoc
> 
> ...


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## slim6y (Jul 12, 2011)

najanaja said:


> Thank for that mate..
> 
> a quick note on all of this..
> 
> ...



To be honest - I don't know how you've survived!!!


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## holdenman_89 (Jul 12, 2011)

hey mate i know this might not be much help, but a few years back i got stabbed in the side of the face near the jugular with a glass bottle by a junkie (not provoked just crazy people haha) i didn't use a lawyer i just filled out a **** load of paper work for victims comp and got $7500. looking at your damage you should get a lot more as i only ended up with a scar (and a funny story kinda).

so IMO go for it, seek some more advice, you shouldn't have to go through all that without compensation although keep in mind it may affect future job opportunities i'm not sure.

Good Luck.


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## gozz (Jul 12, 2011)

Just go seek legal advice.....!!! if you were in a union contact them (as my union has there own lawyers etc)...
also record in a diary all conversations and meetings with your employers....and the pain and suffering etc....also
make sure you keep all records of medical and expenses you make creams etc.....
Contact workplace and safety and make sure this has been reported to them ....cheers


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## najanaja (Jul 12, 2011)

the worst part of all this,,

is just how much it freaking hurts,
the pain never stops no matter the matter the medication they put me on.
i have to constantly keep my hand elevated with pressure sleeves on for the grafts to take hold better.
but sleeping is just imposible..
i cant lay on the right side because of the grafts they took off my leg..
and the pins and needle is my arm and hand at night drive me crazy..

But the worst part is the feeling and numbness, and lack of movement..
i just pray i get all my movement back and the ugly numb feelling goes away


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## slim6y (Jul 12, 2011)

najanaja said:


> the worst part of all this,,
> 
> is just how much it freaking hurts,
> the pain never stops no matter the matter the medication they put me on.
> ...



These are EXACTLY the sorts of things you need to be saying to the Lawyer who will be taking your case...

Make an appointment - and pay the $400 (or so) up front for good representation - they won't take your case if they think you won't win.


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## ianinoz (Jul 12, 2011)

slim6y said:


> I guess that's where the no win - no fee comes in ianinoz.
> 
> The main things you're able to sue for though is hospital costs, loss of income and... Perhaps it's your fun hand... Loss of enjoyment of life etc etc...
> 
> ...


NO WIN NO FEE only applies to your lawyer (with ambulence chasers like Stacks) , you are still likely to cop the legal costs and court costs of the other side if you lose - these can send you bankrupt and you also could find yourself sacked if you are taking your employer to court (maybe not straight away but you'll get a huge black mark against your name).

The company you work for and their insurers have access to the best lawyers and will spend a large amount of money to avoid paying you anything. You loose, you'll have their costs to pay.

You should seek more than one independent legal opinion IMO and don't let on to your boss or anyone at work what your intentions are.


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## Smithers (Jul 12, 2011)

Geez, as mentioned before you are a very lucky man to still be here with us, Not so lucky it happened of course. I hope your health and well being is returned quickly, all the best in your search and case if you go ahead with it.


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## slim6y (Jul 12, 2011)

ianinoz said:


> NO WIN NO FEE only applies to your lawyer (with ambulence chasers like Stacks) , you are still likely to cop the legal costs and court costs of the other side if don't win - these can send you bankrupt and your could find yourself sacked if you are taking your employer to court (maybe not straight away but you'll get a huge black mark against your name).



Very true... But I guess the same can happen whether you pay a lawyer or have a no pay unless win situation.... Either way, it's a nightmare!


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## wokka (Jul 12, 2011)

Was your employer neglegent? Workcover will normally work that out! Are you a contractor or emplyee? What has happened has happened and cant be changed. Has the earth leakage breaker been fixed or installed?Talk to the Pub and see what they want to do. If thats unsatisfactory you can always go further. Involving laywers unnecessarily may well increase costs without improving the outcome.


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## fugawi (Jul 12, 2011)

I have had a lot of experience with compensation claims (wife, several friends) and I can give you a lot of info. First, information is your greatest weapon. Go in and talk to your company, take photos of everything, the U bend, the machine, all the signs etc. You will probably find that the company will be helpful, sometimes they will not. Take photos of your injuries and start piling up all the paperwork you can. Find a respected compensation specialist Solicitor, he/she will get a Barristor down the track to help and face the court for you. The solicitor does all the footwork and the barristor will represent you in court. From the sounds of it, you have an excellent case but it will take possibly years before an outcome. The money will be easily $100 000 + so it will be worth it in the end. Be prepared to be taken through the ringer by the insurance company. For every specialist you are sent to by your solicitor, you will be sent to an insurance company specialist that will stand up in court and call you a bludging liar, and how you have been faking it and it was your own fault etc. Each specialist you see will cost you to see them, so be prepared for those costs as well. Expect investigators with cameras following you and sitting in front of your house. They will already be looking. PM me for more info.


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## The Devil (Jul 12, 2011)

ianinoz said:


> Ouch. You dodged a bullet !!
> 
> No legal type, but it is likely you'll loose your case I would think unless you can prove you were not negligent from an OHS and electrical isolation and lock-out viewpoint.
> Were you responsible for electrical isolation and lockout , were the proper safety procedures followed before you started the job
> ...




Sure glad I don't live in NSW. You reckon he will loose any claim, you're kidding. He was injured at work and unless he is a contractor he is covered by a couple of different types of insurance. Negligence may and I say MAY reduce any claim.


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## dangles (Jul 12, 2011)

if you take it to court then good luck, keep in mind as you are neither a licensed plumber/electrician this could be used against you carrying out work of this nature. We all should know OH&S is everyones responsibility and as such if you were working on this appliance it is up to you to check power has been switched off before commencing any work.

Your injuries are bad mate, but play devils advocate and be prepared for anything they throw at you. They will always try and make it look like its your fault one way or another


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## glassless_mind (Jul 12, 2011)

ohhhh that wound looks bad! I can't give you any legal advice, as I know nothing about it, however, with regards to your nerves:
Pins and needles are actually a good thing, as annoying as they are, it means that your nerves are not actually severed. It may continue for a few weeks, but eventually the nerves will regenerate (the cells on the outside of them will grow back) and the feeling will go away.
Also, 50% function is great! It means, again, that your nerves are not completely severed. I can't garuntee you will ever get back 100% function, but your chances are pretty good. With physiotherapy you should get a lot of your function back.

Good luck with it all, hope it all works out! Hope your recovery goes quickly and smoothly too! Get well soon!


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## ianinoz (Jul 12, 2011)

The Devil said:


> Sure glad I don't live in NSW. You reckon he will loose any claim, you're kidding. He was injured at work and unless he is a contractor he is covered by a couple of different types of insurance. Negligence may and I say MAY reduce any claim.



Not what I said. IMO and I'm no legal type is he's not likely to win.

And haven't compo claim payouts been massively reduced (in NSW) in recent years, so the payout may well not be sufficient to cover the costs of taking it to court.

And yes genuine claimants are paying for all those crooks who have faked accidents and injuries in the workplace and who have accidentially on purpose injured themselves to get a big payday in court. Judges don't take kindly to fraudulent compo claims. 

I am in no position to judge the OP's circumstances one way or another and I wish him luck if he decides to pursue this in the courts.


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## fugawi (Jul 12, 2011)

To clean out a U bend is not something a licensed plumber or electrician is needed for. It should be simple maintenance anyone can carry out. The fact that it was "live" is the problem. This means that there is an electrical fault somewhere. You shouldn't need to turn off the power to clean out a U bend. If he did it at work it will be covered under his bosses insurance. This case sounds like it will depend on a lot of things, "Are there any safety warnings on the machine, age of the machine etc?", the insurance company will be looking less into the "Hows and Whys" and more into the "Percentage of loss". The insurance company will try to prove minimal loss of mobility and no pain whereas your specialists will try to prove 90% loss and maximum pain. The judge is not stupid and will know most of the specialists on both sides and will know that the insurance specialists will try to talk it down while your specialists will try to write it up. In the end he will decide based on the evidence. That is why I say information and evidence is the key. You can claim for lots of things, petrol money to and from specialists so keep everything. Get as much info as you can from everywhere you can. Get statements from fellow workers etc. Photograph the scene in graphic detail. Ask your fellow workers if the machine was repaired after the accident. Get everything.


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## Ozzie Python (Jul 12, 2011)

i agree you don't need to be a specialist (plumber or sparky) to remove, clean and refit a pipe bend. At very least it is not a job where your average joe would call in a licenced electrician.

it should be your employers responsibility to have a safe work method statement or procedure if the job is deemed as a risk. i doubt this is the case for the normally simple task you attempted.

i still have to question why an rcd wasn't tripped? shouldn't even the smallest short throw the swtich over? at best give you a slight jolt. 

either way it is an accident that shouldn't have happened. do you have a health & safety officer at work to go to? if so get them on side first and seek some legal advice to take to them.

lucky you are still with us by the sounds of it mick. would be nice if your boss is happy to sort out compensation outside of court. the local apers im sure will be happy to get involved if they try lay the blame on you.


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## Chris1 (Jul 12, 2011)

crazy isnt it, someone is seriously injured in the workplace and they have to fight for compensation,...yet some moron burns their tongue on a hot maccas coffee or apple pie and sues for millions cos there was no warning that the coffee/pie is hot,....


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## Crystal..Discus (Jul 12, 2011)

Workcover won't give a damn. Had an incident last year where I lost hearing temporarily in one ear, and still suffer from tinnitus; but because I'd never gone to a hearing specialist prior, and didn't have $500 to spend on the tests they required as evidence, they told me to go deal with it in my own way. And even if I had gone deaf in one ear, the maximum you can seek is up to 24 weeks reimbursement and incurred medical expenses. 

Find a firm that specialises in cases such as these, and speak to your union. Try to do it quietly as well.


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## dangles (Jul 12, 2011)

fugawi said:


> To clean out a U bend is not something a licensed plumber or electrician is needed for. It should be simple maintenance anyone can carry out. The fact that it was "live" is the problem. This means that there is an electrical fault somewhere. You shouldn't need to turn off the power to clean out a U bend. If he did it at work it will be covered under his bosses insurance. This case sounds like it will depend on a lot of things, "Are there any safety warnings on the machine, age of the machine etc?", the insurance company will be looking less into the "Hows and Whys" and more into the "Percentage of loss". The insurance company will try to prove minimal loss of mobility and no pain whereas your specialists will try to prove 90% loss and maximum pain. The judge is not stupid and will know most of the specialists on both sides and will know that the insurance specialists will try to talk it down while your specialists will try to write it up. In the end he will decide based on the evidence. That is why I say information and evidence is the key. You can claim for lots of things, petrol money to and from specialists so keep everything. Get as much info as you can from everywhere you can. Get statements from fellow workers etc. Photograph the scene in graphic detail. Ask your fellow workers if the machine was repaired after the accident. Get everything.



im pretty sure the u bend in question is part of the glass washer and not like part of a sink. 

Either way the biggest question will be "Why didnt you turn the power off to the glass washer before performing any maintenance".


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## myusername (Jul 12, 2011)

You should go see a solicitor. For you to be able to bring an action (sue) for negligence, there must have been a duty of care (there should be in your case, employer-employee is well established) a breach of that duty of care (whether there is a breach depends on the scope of the duty owed by your employer), then there must have been damage resulting from the breach. 
If you are successful in your action then you will be compensated by the courts. The courts in Australia are pretty strict when it comes to compensating you for your damages. The courts aim to put you back in the position you would have been in had the tort (wrongdoing) not occurred. You will be compensated all medical bills, loss of work etc. If your hand is permanently damaged the court will investigate whether this will affect your leisure, work life etc, and will try to award you a monetary amount of damages to compensate you for the permanent damage.
Damages will be decreased by contributory negligence, so if you were somewhat negligent also, your damages will be decreased according to how much the court thinks you are at fault (60:40 and so on). 
My advice to you would be to go see a solicitor, they will look at your case in great detail, and will take the information from you that will be essential in determining whether or not you will be successful. On the face of it, it seems as though you should have a relatively good case. 
Also, as said earlier, it is much easier to go through your employer's insurance, they are usually reasonably willing to pay out if they are in the wrong, as it saves them going to court and defending themselves needlessly. 
Good luck mate.


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## Renenet (Jul 12, 2011)

Najanaja, you're a lucky man. Best wishes for a speedy recovery. As far as I can tell everything I would have said regarding legal advice has already been said. If I think of anything else I'll let you know.



holdenman_89 said:


> i didn't use a lawyer i just filled out a **** load of paper work for victims comp and got $7500.



I think that would have been a victims of crime compensation fund. Not applicable here although it's good to keep in mind if you are ever unlucky enough to be in a similar situation.



prettypython said:


> We used what used to be called a QC now they just call them council.



QCs are still around, at least in Victoria. They're also known as SCs. Both terms refer to senior counsel. All barristers, junior or senior, are called counsel.


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## AndrewHenderson (Jul 13, 2011)

sorry if this has been said already but I really cant be arsed reading 3 pages.
A) It was an electric shock not electrocution, electric shock resulting in electrocution means you were killed.
B) It should be reported to the Australian Electrical safety board in your state to investigate why the RCD didn't trip.
C) It should all be covered by workers comp, do not sign the final clearance form because as soon as that is signed and issued any further problems you have with your hand will be your own expense because the claim is closed. sometimes the ongoing treatment option has better monetary value than getting a payout, once you get a payout the medical bills become your responsibility
D) Go to a compensation lawyer to help you handle the case. If you are in a union go and see them and you get access to the union lawyer for free.

Going on duty of care, your employer has a duty to provide a safe workplace, but you also have a duty of care yourself to work safely. In hindsight you should have turned it off at the wall and unplugged it and this will work against you in any claim. But in the case of the only job was to clean the S&P trap you shouldn't have to isolate the power.


Andrew


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## slim6y (Jul 13, 2011)

But I bet the appliance suggests before ANY maintenance is carried out on said appliance that the appliance should be disconnected and unplugged from a wall socket. 

But that still doesn't suggest this particular case is over - because regardless of the maintenance guide, if this gentleman hasn't had training on how to fix this particular problem then the company will be liable.

Yes - I am still puzzled why an RCD didn't trip - as they're mandatory in businesses and households (since 1991). And they must be tested regularly too!!!

To me - the insurer for the company will need to pay for all hospital costs and costs incurred because of the injury (ie travel etc). And there will most likely be some payout as well for loss of income due to the injury.

Whether or not you can claim for other damages will most likely depend on the lawyer and how good they are.


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## Chris1 (Jul 13, 2011)

najanaja said:


> Thank for that mate..
> 
> 
> 
> ...



to me this is the part where your boss should be taking responsibility for it,..it wouldnt have happened if you had used a plunger like u intended,.....


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## wokka (Jul 13, 2011)

It seems that everyone is jumping the gun. I would be surprised if any employer/insurer would not take responsibility for what happened. the priority should be to repair any medical damage and then if there are ongoing isues adress them.


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## najanaja (Jul 13, 2011)

Thanks everyone for all the info...

im still so undecide, truth be told, the place is so shonky i knew something like this would happen...and i dont really want to go back there.

I NOW know all about turning it off,,, but it is plugged in at the back wall, so my hand would have been there anyway to try and get through to turn it off..
the power point is behind the machine and the way i went into it, is the only way you have to get behind it to turn it off anyway..

as for the cercumstances...its hard to try and put into words unless you know the place and the management there...

they are not the nicest people and communication is just short messages over my radio..

plus i have to stick to silly maintenance schedules so when jobs like this pop up (which happen like 50 times a day)
I have to race fix it mid service at people feet, and get out of there back to the schedule,,,

I am litterally running from job to job, fixing it and getting out mid service (there are 6 bars and 2 commercial kitchens)
so i probebly cut corners without even thinking i am just to get out of there quickly.

the owner makes me do all stuff like this that i know will one day cause trouble for me..( on roofs, fixing lights, climbing trees with chainsaw and so on)
they put the fear of your job in you all the time so you do things without question in fear of loosing your job..

as i say, you have to know the place,,,
I once said i wasnt qualified to change a light bayanet fitting into a brass 40 year old chandalere.
they wanted one in as the conectors had poped out and there was wine taisting in that particular function room in 20 minutes.
i approached the owner and told him i wasnt comfitable re fitting one off another light fitting and i wasnt sure i could do it.
he just told me '' i dont care what you cant F''ing do just get into it and f''ing do what you can do to it..

its funny how the fear of losing your job makes you do thing like that, mortgages dont pay themselves let alone every other bill..

I know this doesnt make it right, but in this case i really thought of it as changing a simple ''s bend''
I never thought it would end up like this..

and the fact work hasnt called to see how i went from the operations and when i would be back to work is the hardest part..
I know it is a bussiness to them, but **** this could have been so much worse, and this is effecting my home life to in a big way..

but as i say, thanks for all the advice,,, i still have no idea of what i will do from here on,,,
thats what scares the crap out of me..


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## smeejason (Jul 13, 2011)

Buddy your first thought should be to make sure it was reported.. you can get fined just as they can i hate to tell you. 
good luck with it all but call a union or lawyer and get onto it before you leave it to late 
Reporting an incident - Workplace Health and Safety Queensland


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## fugawi (Jul 13, 2011)

Go to your union or a solicitor, straight away.


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## AndrewHenderson (Jul 13, 2011)

It's also the law for your employer to report all electrical incidents such as the one you had. If they haven't they can also be prosecuted for this.


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## najanaja (Jul 13, 2011)

im sure it was reported as 2 paramedic crews came and the fire brigade as well, plus i was rushed to hospital..
plus i have had skin grafts and plastic sergery on my hand as well,

this happened in the middle of a pub with patron and 4 staff witnessed it..

im sure one of the boys said work place health and safety was there the next day,,,
can i call them to hear there findings on the matter?


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## ianinoz (Jul 13, 2011)

najanaja said:


> Thanks everyone for all the info...
> 
> im still so undecide, truth be told, the place is so shonky i knew something like this would happen...and i dont really want to go back there.
> 
> ...



Sounds like he's a crook it's a fly by night company, you've Buckley's chance of getting a cent out the owners, if the judgement looks like going against them they'll declare themselves bankrupt, play loose and fast with the ownership of the assets, and be open again "under new owners" with a new company name the next day.

I hope you have been documenting (on paper and in detail) all these OHS breeches and the abuse, with witnesses. But I'm betting you haven't. You do know you can refuse to do dangerous work or work you are not qualified or trained properly to do ? No job is worth this IMO.


I'd be very careful what you say about this on message boards and facebook and the like. The boss may be reading these or his legal people will certainly look you up and it can easily all come back to bite you, you've admitted doing work you are not qualified to do.... not wize.


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## silatman (Jul 13, 2011)

Sounds like everyone is jumping the gun, it's only been 3 weeks! You should be receiving your normal wage and medical expenses from your employer's workers compensation insuarance but you can't expect to make a claim for pain and suffering etc until your injury has healed to it's full potential. Then a doctor will write you a certificate saying what percentage of bodily function you have lost and based on this percentage you will receive an injury compensation payout. By all means document all of your suffering so that you can make a claim in the future but don't expect that to be for some time yet. I had a workplace accident a few years back and required 3 separate operations over 18 months, the claim eventually took 5 years to settle, this is a long time, but you can't make a claim for pain and suffering when you haven't given your body time to fully heal.


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## AndrewHenderson (Jul 14, 2011)

najanaja said:


> im sure it was reported as 2 paramedic crews came and the fire brigade as well, plus i was rushed to hospital..
> plus i have had skin grafts and plastic sergery on my hand as well,
> 
> this happened in the middle of a pub with patron and 4 staff witnessed it..
> ...




You should be able to, I am sure they will want to get your version of events too so a phone call asking can't hurt.


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