McDonald’s in Burnie to pay compensation for drive-thru workplace injury, TASCAT finds

A worker who sprained her neck while working at McDonald’s has won a compensation claim against the company. Details.

Picture: Chris Kidd

A worker who suffered a “sprained neck” during a shift at McDonald’s has won her compensation case.

A female drive-thru worker at the Burnie McDonald’s, who has been made anonymous by the Tasmanian Civil and Administrative Tribunal (TASCAT), was seeking compensation after alleging she had injured herself during her shift on September 2.

“The stress of running drive through on my own cause [sic] my ticking disorder to flair,” the worker said in her claim form.

“This lasted for 30 mins.”

Dr Ian Wild prepared an initial workers compensation medical certificate.

McDonald’s in Burnie. Picture: Supplied.

“At the time of the injury “she” [the worker] was under stress due to being alone, on her own in the drive-thru under high demand,” Dr Wild said.

“This made her feel anxious and stressed but then triggered her psychogenic tic disorder. It lasted about 30 minutes.

“This caused severe ongoing neck spasms and then the following ongoing neck strain.

“She had to go to the Emergency Department at the North West Regional Hospital due to pain.”

Dr Wild said she had “severe neck pain and stiffness – wry neck” and described the injury as “an aggravation of an existing condition”.

GP Grantley Tschirn said that the worker suffered from “hyperkinetic movement disorder or cervical dystonic disorder, manifesting as a tic” in his report for TASCAT.

“Based on Dr Tschirn’s evidence the worker’s incapacity for work from 2 September 2023 was caused by a recurrence or exacerbation of her underlying movement disorder,” TASCAT said in its findings.

“The worker’s underlying condition recurred to the point of incapacity or the effect of the underlying condition was heightened or increased.

“The only reasonable conclusion from Dr Tschirn’s report is that the worker’s incapacity for work from 2 September 2023 arose from a recurrence or exacerbation of her underlying disease.

“This is an injury that is a disease.”

TASCAT has ordered that the owners of McDonald's Burnie will have to compensate the worker financially.