Summer Issue 2012 - cfmeu

MEMBER LEGAL SERVICES
with Irena Siljanoska
Compensation win for injured worker
A CFMEU member has won a bid
for compensation for a secondary
shoulder injury after his employer
refused to pay for surgical
treatment and ongoing wages.
Workers’ compensation lawyer with
Slater & Gordon, Irena Siljanoska,
said her client Michael Summerfield
returned to work after recovering
from a shoulder injury, then
damaged his other shoulder while
favouring his original injury.
“My client injured his left shoulder
when he swung his tool bag onto
the back of his ute, something
construction workers like Michael
do every single day,” Ms Siljanoska
said.
“He recovered from this initial injury
with help from workers’
compensation and he returned to
work. However, while he was
recovering from his left shoulder
injury, he injured his right shoulder
by favouring his original injury and
that’s where the problem started.
“Michael needed surgery to repair
his torn right shoulder, but his
employer simply refused to pay.
“This is a classic case where there’s
an initial injury, and the worker
favours that injury to the point where
another body part is damaged due
to over-use.
“Employers and their workers’
compensation insurers think they’re
not accountable and try to get away
with not continuing to pay
compensation.
“Slater & Gordon challenged the
employer’s refusal to pay for the
treatment and ongoing wages
Michael needed, and he finally
received the compensation that he
deserved.”
Michael said union members who
had a compensation claim should
follow the correct procedures, and
stand up against employers and
insurance companies.
“My employer supported my
compensation claim for the initial
injury, but once I hurt my other
shoulder things really went
downhill,” Michael said.
“I had a legitimate work injury but I
felt like my employer and insurance
company wouldn’t believe me and
were trying to confuse me.
“I encourage other union members
who have a claim to make sure they
consult a union rep or lawyer – don’t
let your employer push you around
and don’t be scared of the
insurance companies.”
Michael’s doctors and surgeons
advised him that it was very
common with these injuries for
workers to over-compensate with
the unaffected side.
“I was told that nine times out of 10,
people can damage another part of
their body while trying not to
aggravate the first injury,” he said.
“At the end of the day, it’s not just
about the money – I simply wanted
my shoulder fixed so I could get
back to work.
“I’ve been in the construction
industry for around 30 years and I
have at least 15 years of work to go,
so my physical fitness is really
important to me.
“Irena and the team at Slater &
Gordon genuinely understood what
I was going through and I felt like
they ‘had my back’ during the whole
case.”
For further information, CFMEU WA
members should contact the Union
office on 9221 1055 for a referral to
Slater & Gordon – your preferred
union lawyers. As a CFMEU WA
member your initial consultation is
free.
Construction Worker – Summer 2012 Page 47
CFMEU