Manus victim wins compo
Four-year fight over claim of sex attack
A GOLD COAST woman who sustained psychiatric injuries after being sexually assaulted while employed at the Manus Island Detention Centre has won a marathon compensation case
Social worker Fiona Wills has been awarded $28,600 compensation after what her lawyers described as a David and Goliath battle stretching almost four years.
Attwood Marshall Lawyers compensation lawyer Lisa Robertson said Broadspectrum (Australia) Pty Ltd, the infrastructure services group that operated the detention centre, had been unable to accept the extent to which Ms Wills’ psychiatric condition was caused by an attack by a male transferee.
In May 2014 Ms Wills was at the regional process centre on Manus Island when asked go to a compound to see a male transferee, only to be approached and assaulted by another man.
In October 2018 Broadspectrum lodged an application to appeal against the decision of a medical specialist who approved an assessment certificate for Ms Wills.
She had to complete two psychiatric assessments, two medical appeal panels, and two sets of Supreme Court proceedings in the course of her claim for permanent impairment compensation.
“In the most recent Supreme Court case, Broadspectrum argued that a Workers Compensation Commission medical appeal panel decision regarding Ms Wills’ psychiatric injury was unlawful,” Ms Robertson said.
“On December 17, 2019, the NSW Supreme Court dismissed this appeal, finalising Ms Wills’ claim for permanent impairment compensation.
“This was a David and Goliath battle in which a billion-dollar-behemoth put an injured woman through hell relentlessly.
“I am pleased that the case has finally resolved with a just outcome for Fiona.”
The Coast-based lawyers in separate proceedings “fought tooth and nail” to ensure Ms Wills could retain
THE COMPANY MADE ME FEEL LIKE IT WAS MY FAULT, THAT I HAD DONE SOMETHING WRONG. IT SHOULD HAVE SHOWN SOME COMPASSION.
FIONA WILLS
her weekly compensation benefits and medical expenses when she was sick and unable to work.
Ms Wills said she had decided to share her story to raise awareness for people suffering personal injury at work.
“I went to work on Manus Island as a social worker because I wanted to help detainees with their welfare,” she said.
“Before my assault I was outgoing, independent and confident.
“I did things on my own – and now I’m too scared to leave the house, and I’m fairly anxious most of the time.
“The legal process has been very stressful and taken a toll on my life.
“I am relieved that this claim has come to an end.
“I am sharing my story in the hope that it will raise awareness for other women who have experienced sexual assault or harassment in the workplace, to speak out and come forward.
“I want to raise awareness for workplace injuries so that companies and insurers are more compassionate towards people who have been injured at work, in particular to people who have suffered psychological injuries.
“The company made me feel like it was my fault, that I had done something wrong.
“The company should have shown some compassion toward me.”
Attwood Marshall Lawyers legal practice director Jeff Garrett said the case highlighted the general practice of WorkCover, insurers and large company self-insuring employers to deny liability for workplace injuries despite obvious legal merit.
“This case confirms what most experienced personal injury lawyers already know – employers and insurance companies have a standard practice of denying liability for genuine claims, and this is particularly true for selfinsurers who fight tooth and nail to defend claims, in many cases regardless of legal merit,’’ he said.
“This is also very telling when the claim involves a psychological injury.
“Fiona’s case sheds light on the common plight of people suffering from injuries and illnesses who battle for their legal rights against companies who seemingly string out the legal process.
“This is designed to cause the maximum amount of pressure in the hope the claimant will simply give up on their claim due to the delay and stress.”
Broadspectrum was contacted for comment but did not respond by deadline.