Words by Amy Nikolovski Managing Partner

DBH was recently able to deliver a significant win on appeal for a client who was seriously injured in a motor vehicle accident. 

Our client, a solicitor at a community based not-for-profit legal service, was transporting computer equipment and pamphlets between the organisation’s offices when she was involved in a motor vehicle accident. She sustained serious injuries and was unable to return to work.  

Her original claim for compensation was rejected, as was her claim at first instance, with the Judge determining that when the accident occurred, she was not carrying out duties as part of her employment. 

DBH successfully argued on appeal to the Full Bench of the South Australian Employment Tribunal (SAET), that the original Judge’s interpretation of the Return to Work Act was incorrect, and our client was successful. Our client’s appeal was upheld, resulting in her being awarded compensation for her injuries, including loss of wages, medical expenses, rehabilitation expenses and the potential for both non-economic and future economic loss lump sums. 

Key to the successful appeal was the DBH team’s specialism in workers compensation law and regular attendance at the SAET, a specialist jurisdiction. As we regularly act for clients in this area, we have extensive knowledge of previous cases and precedents, all of which proved critical in the appeal, and meant we were able to win substantial and fully justified compensation for our client. 

If you have been injured at work or in the course of your work-related duties (even if not at your usual workplace) then you may be eligible for compensation. Contact our specialised team for all your work injury and employment needs: Workers Compensation | DBH Lawyers 

DBH congratulates file principal Claire Eagle, Special Counsel in our workers compensation and employment team, for securing this hard-fought win for our deserving client.  

You can read the case in full here: Wastell v Return to Work Corporation of South Australia [2023] SAET 69 (22 August 2023) (austlii.edu.au)