Twist and sue: courthouse public servant claims $400k back injury
A Queensland public servant who works as an administrative assistant to magistrates has sued for $403,894 after she hurt her back passing a court file.
Police & Courts
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A Queensland public servant who works as an administrative assistant to magistrates has sued for $403,894 after she hurt her back passing a court file.
Kerri Ann Sawtell, 51, claims in her District Court damages suit that she may be forced to retire early from her job at Maryborough Courthouse on the Fraser Coast, and she now feels “vulnerable in her position” and disadvantaged in the open labour market.
She is claiming $300,000 for the impairment to her future earning capacity, as well as $51,001 for past economic loss as her earnings have fallen since she twisted behind her to lift the court files to and from the magistrates bench on May 12, 2021.
She was employed by the Department of Justice and Attorney-General, and is now working in an alternative role within the courthouse.
Mrs Sawtell alleges she suffered pain in her lower back and suffered a soft tissue injury to her lumbar spine when she hurt herself while working as a depositions clerk at the courthouse around midday.
She was seated at a desk in front of and below the magistrate that was presiding on the day, managing the court files for the cases heard that day.
Her claim, filed in the District Court in Rockhampton on July 6, she alleges the state government breached its obligations and duties to provide a safe work environment by failing to implement a system of work that did not require her to twist behind her and lift the court files to and from the magistrates bench.
“As a consequence of the incident and the injury (Mrs Sawtell) has endured and will continue to endure pain, suffering and loss of amenities of life, and her enjoyment of life has been diminished and impaired,” the claim states.
She is claiming $25,800 damages for pain and suffering, and $29,988 for special damages for rehabilitation and medical expenses.
She estimates she will need $30,975 in future medical expenses, therapy expenses and pharmaceutical costs.
The case is in its early stages and no defence has yet been filed.