By JOHN VAN KLAVEREN
A FORMER toolmaker whose hand was crushed in a workplace accident says the WorkCover system should change, ahead of the authority relocating to Geelong.
East Geelong’s Gary Jolly was recently awarded $120,000 after a protracted battle with Victorian WorkCover Authority (VWA).
“The system doesn’t work,” Mr Jolly said.
“At least they should negotiate instead of just refusing to listen to people who have workplace accidents.”
Both main political parties have promised to relocate the VWA to Geelong to join the TAC in a “centre of excellence” for injury prevention and rehabilitation.
Mr Jolly was carrying out maintenance on a press machine at IXL Metal Castings in November 2008 when a 70kg metal die suddenly dropped due to a faulty safety bolt, crushing his right hand and fracturing three fingers.
“It saddens me that I was forced to go to trial to fight for compensation six years after my accident,” Mr Jolly said.
“All along I didn’t think I had done anything wrong. The allegation that I’d contributed to the accident because I was negligent was hurtful.
“I spent three days on the witness stand defending myself. They put surveillance on me all the time, at home and whenever I went out.
“But knowing you’re right makes you determined. It was massive pressure because they’re trying to trip you up – it’s character assassination.”
Slater and Gordon WorkCover lawyer Danny Connor said the case should never have gone to court.
“Mr Jolly was a hard-working employee with nearly 50 years’ experience as a toolmaker. He was very safety conscious,” Mr Connor said.
“The lawyers acting for the employer refused to negotiate a reasonable settlement forcing Mr Jolly to run his case at court.”
Mr Connor said the VWA offered no compensation initially and could later have settled for around $30,000 but refused that counter offer.
“The jury heard evidence that his former employee was negligent because it failed to comply with an occupational health and safety policy requiring a secondary safety system be installed on the machine. If it had, the accident would not have occurred.”
Mr Jolly said he would have been unable to fight the case without legal support but advised others in similar situations to battle the system.
“Tell the truth and be determined,” he said.
