This substantial award, secured by ADM Partner Shaun Marcus, stands as one of the largest known workplace injury damages payouts in Victoria.
The judgment, delivered on 4 November 2022 by Justice Moore, followed an extensive damages trial that took place in December 2021.
Case Overview
The Plaintiff, a 25-year-old employee at the Fosterville Gold Mine near Bendigo, was working as a ‘nipper’ when the incident occurred in March 2018. He was struck by a large rotating bolt connected to heavy machinery known as a Jumbo.
The injury led to the development of Complex Regional Pain Syndrome Type 1 (CRPS-1), a chronic pain condition, along with a significant psychological injury.
By the time of the Court’s decision, the Plaintiff was just 30 years old and had experienced years of debilitating symptoms that would ultimately render him unfit for further employment.
What is Complex Regional Pain Syndrome (CRPS)?
Complex Regional Pain Syndrome (CRPS) is a serious, often misunderstood condition that can develop after an injury, surgery, stroke, or heart attack. CRPS can cause prolonged or excessive pain and changes in skin colour, temperature, and swelling in the affected limb.
Key Characteristics of CRPS:
- Severe, persistent pain that is often disproportionate to the initial injury.
- Changes in skin texture, temperature, and colour.
- Swelling and sensitivity in the affected area.
- Motor dysfunction, including tremors, weakness, or stiffness.
- Psychological impact, with high rates of anxiety, depression, and reduced quality of life.
CRPS is classified into:
- Type 1: Occurs without confirmed nerve damage (as in this case).
- Type 2: Occurs with confirmed nerve injury.
CRPS can be life-altering and is notoriously difficult to treat, often requiring multidisciplinary care involving pain specialists, physiotherapists, and psychologists.
Have you suffered from CRPS as a result of a work accident, road injury or medical negligence?
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Court’s Key Findings
Liability:
The Defendant admitted liability, but the case was contested on several grounds, particularly:
- The nature of the claimed/alleged injuries;
- The proper assessment of damages and;
- Whether there should be any contributory negligence applied.
Contributory Negligence:
The Defendant argued that the Plaintiff contributed to his injury. This argument was rejected by the Court, with Justice Moore finding the work system in place at the time to be “an inherently flawed and unsafe system of work”.
Assessment of CRPS:
The Defendant disputed the CRPS diagnosis, and the Court analysed the various medical opinions and the evidence and arguments for and against CRPS/physical injury, and Justice Moore ultimately rejected the Defendant’s evidence on the matter and concluded that the Plaintiff does suffer from CRPS-1, recognising the severity and ongoing impact of the condition.
Compensation Breakdown
General damages were assessed at $450,000, placing them near the range suggested by the Plaintiff’s Counsel ($500,000) and significantly above the proposed range by the Lawyers for WorkSafe ($250,000 to $275,000).
The past loss was agreed at a bit under $300,000. The future loss assessed and awarded accepted the Plaintiff as having no capacity and compensated him up to the age of 67, which equated to $1,207,546.
In summary, the Court awarded the Plaintiff the following damages:
- Pain and Suffering: $450,000
- Loss of Income/Earnings: $1,502,618
- TOTAL damages awarded: $1,952,618
This award sat just below the maximum possible damages under Victorian workplace injury law at the time of the ruling in 2022.
- Pain and Suffering: $660,970
- Loss of Income/Earnings: $1,518,180
- TOTAL Maximum Damages – $2,179,150
The current maximum common law damages allowable in Victoria in 2025/26 for a workplace injury are:
- Pain and Suffering: $759,510
- Loss of Income/Earnings: $1,744,530
- TOTAL Maximum Damages – $2,504,040
Why This Case Matters
This outcome is particularly significant for workers suffering from invisible or complex pain conditions like CRPS, which are sometimes underestimated or misunderstood in both medical and legal contexts.
It demonstrates:
- The importance of comprehensive medical evidence in complex pain cases.
- The Court’s willingness to accept the profound impact of CRPS on an injured worker’s life and livelihood.
- That Workers can achieve substantial compensation even in cases where the injury’s presentation is contested.
About Arnold Dallas McPherson
Arnold Dallas McPherson Lawyers are committed advocates for injured Victorians. We have a proud history of securing life-changing outcomes and compensation for clients affected by serious injury and complex conditions.
For more information or to speak to a personal injury expert, contact us today.
