Good behaviour bond
A Shepparton concreting firm has faced court after failing to forward an employee’s injury claim form to its insurer.
Shepparton Terrazzo Works Pty Ltd pleaded guilty to failing to forward a claim and a medical certificate to authorities, in relation to an employee with a knee complaint.
Prosecutor Patrick McQuillen told Shepparton Magistrates’ Court an employee, who had been with the company for nearly 25 years, gave a WorkSafe Certificate of Capacity to his manager in April 2019, after his doctor provided him one finding a knee injury was caused by his work.
The doctor had recommended the employee do less kneeling, while referring him to an orthopedic surgeon.
The court heard the company’s managing director Adrian Giuliani told the employee not to put in a WorkCover claim for his knee, telling him he would pay for his medications and treatments, adding it ‘‘would cost him a fortune’’ if the employee put in a claim.
Mr McQuillen said the victim initially agreed, but then did sign a form on May 4 and gave it to his site manger two days later.
He was told by the manager he thought they had agreed not to lodge a WorkCover claim, but took his form.
In January 2020, the victim returned to his doctor still experiencing knee problems and was told he needed a knee replacement, but realised he had not heard from his work or its insurance company regarding his claim when asked if he could provide his claim number.
The employee confirmed no claim had been made.
With the claim not lodged, his knee operation was delayed as he could not afford the cost of about $30,000.
Defence counsel Ian Ritchie the company was not seeking to avoid its obligations, and felt it was covering the employee’s medical costs. It was heard the company had paid nearly $700 in medical accounts for the man.
He said the victim had been employed with the company for 25 years and noted the long-standing relationship between staff and the employee.
‘‘This is a company you can be confident you won’t see make the same mistake again,’’ Mr Ritchie said.
Magistrate Peter Mithen found the offending was ‘‘in no way a sinister attempt to disadvantage’’ the employee, but rather a ‘‘clumsy’’ way to try and assist him.
The company was placed on a 12-month good behaviour bond and made to pay $2000 to the court fund.