News & Legal Updates

Legal Update

Retail employee wins compensation for carpark injury

Tea Tree Gully retail employee Mr. Barr suffered a fall in his workplace car park, resulting in a broken leg. He made a workplace injury claim but was rejected by Return to Work SA on the basis that he was not ‘at his place of employment’ when he was injured.
After seeking legal advice from Mahony’s Lawyers, it was identified that Mr. Barr was directed by his employer to enter his workplace from the Tea Tree Gully shopping centre carpark each day, and so Mahony’s Lawyers appealed the decision and argued that the place of employment included the car park. It was argued that once Mr. Barr arrived in the staff carpark his workday had commenced and that this satisfied the criteria to make a claim.
After four days of argument, Mahony’s Lawyers were successful in appealing the decision and recovering compensation for Mr. Barr. The Mahony’s team secured weekly payments as compensation and received further entitlements under the Return to Work Act 2014.
Even if an insurance company says that you’re not entitled to a claim, it’s important to check with your lawyer to make sure that you receive compensation if you are entitled to it. We offer a free first consultation for services of this nature and we specialise in supporting clients with workplace injuries; get in touch to discuss your case needs.

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