RTBU Locomotive member WIN sets state-wide precedent

In an excellent win not just for our member, but for workers across NSW,  the Workers Compensation Commission has made a landmark decision to grant compensation for retired railway worker Sam Baldacchino for an injury incurred over a decade ago.

RTBU NSW Locomotive Division Secretary, Bob Hayden explains, “when first Sam told us about his injury, we knew that he would need a strong legal team to fight for him so that he could get the compensation he deserved.”

In 1999, Sam sustained serious damage to his knee as a shunter driver. He was later left with no choice but to undergo an expensive knee replacement and intensive rehabilitation. Our legal team at Carrol & O’Dea lawyers worked with Sam to compile a strong case for compensation, despite 2012 legislation changes that made it even harder for Sam to win.

“In a landmark decision, Sam has won compensation for his knee replacement, creating an incredible precedent for workers across the state.”

“Essentially, what this means is that members can now apply for compensation for replacement surgeries due to injuries that happened even decades earlier. This is particularly important for our retired members.”

“This is another fantastic win not just for Sam and the Locomotive Division, but to all workers in NSW, retired and active.” Mr Hayden said.

Read the Media Release by Carrol & O’dea Lawyers who fought for the case here.

Download the decision here.

Read the opinion piece in today’s Newcastle Herald below or click here for the full article. 

“There are many facts of life that are inescapable for most of us as we get older and a steady increase in aches and pains as we age may seem like one of the more unremarkable ones. For many the entry into the retirement years may also be accompanied by some of the common ailments, which have significant impacts on lifestyle and for which surgery may be the only option to a return to a pain-free way of life.

But what if it is more than simply the ageing process at play?

For retired NSW railway worker Sam Baldacchino, what might have been the effects of ageing was in reality the significant and ongoing deterioration of a workplace injury sustained years earlier in 1999. And in news that that will be welcomed by workers and their families in the Hunter and across the state, his win to be compensated for the cost of a knee replacement has rewritten the compensation laws in NSW.

A work place accident or injury can result in enormous stress and uncertainty for any worker, not only at the time of the injury but years after, particularly if consequences are ongoing and require ongoing medical treatment spanning years if not a lifetime” Read more here.