07/30/2024 | Press release | Distributed by Public on 07/29/2024 23:16
A Melbourne labourer who was injured at work in late 2021, says he never imagined it would have such a significant impact on so many aspects of his life.
More than two years on, the man, who does not want his identity disclosed due to the nature of the injury, is keen to warn others - especially employers - about the importance of workplace safety so that no one else suffers a similar fate.
Aged in his 40s, the man injured his back and groin while pulling a metal picket out of the ground on November 22, 2021.
Medical ultrasounds revealed he had a protruding left hernia that was choking his intestines and required surgery. But during the procedure, a nerve connected to his left testicle was damaged, which he claims has "ruined my life.
"I've come out of a hernia operation, one of the most common and basic operations a person can have, in a worse condition than when I went in," he said.
"From the moment I woke up I knew that something was wrong. And when the pain and discomfort didn't go away, the surgeon said he must have nicked a nerve or stapled it with the mesh or something. He said nothing could be done.
"My left testicle can no longer retract and there's a constant heaviness in my groin that gets worse whenever I walk fast, change direction, sit down for too long, lift anything or lay down, which is horrible," he said.
"I can't exercise anymore; riding a bike is impossible, and I feel it's something most people take for granted. I can't play with my son anymore because it's incredibly painful doing something as simple as kicking a [foot]ball."
He said his mental health had also been severely affected.
"None of this would have happened if I hadn't been injured at work," he said. "I don't share what happened with a lot of people because of the nature of the injury… but it's changed me as a person.
"I've had family and friends tell me I'd feel better if I went back to work, but what am I going to do? Most of them have no idea about why I'm not working and what I'll have to continue to go through for the rest of my life, but that never stops anyone from sharing their opinion."
He said workplace safety should be prioritised by every employer and worker given the potential consequences.
"People should remember that a work injury doesn't just affect those who are injured. It can also be life-changing for those around them, whose hopes and dreams for the future are also severely impacted. I honestly wouldn't wish this on anyone."
The man's lawyer, Mia Robertson from Slater and Gordon, said injuries sustained during treatment for work-related injuries was a complex area within the law.
"There can be misconceptions about a worker's rights in claiming compensation for serious injuries sustained following a simple, routine medical procedure," she said.
"This case was particularly unfortunate, which we say, could have been avoided by way of increased workplace safety. Not only can a workers' compensation claim entitle you to recover lost wages and medical expenses, but also damages and particularly future loss of earnings, which I was very happy to have obtained for this client."