Partner Injured Whilst Walking down Foot Path - Fence Fell on Her

LBammers on 19/09/2017 - 13:17
Last edited 19/09/2017 - 16:23 by 1 other user

Hi Guys,

Just looking for a bit of guideance more or less and wasn't sure which forum to place this in.

My partner was walking down the foot path yesterday and past a construction site, and two temporary fence's fell over and hit / crushed her foot. As she was in shock at the time she just kept walking whilst the guys on the construction site scratched their heads and continued working.

When she got home she could barely walk and I had to leave work and take her to see a Dr. regarding this he suggested that the foot was broken and to go to the local hospital for an xray.

Stopped past the local hospital and had an xray taken and confirmed that the big toe is broken.

She is going to have to miss quite a few weeks of work potentially as she can not physically walk more than a few meters at a time at the moment and at very slow pace.

I have had to also take time off to look after the 3 kids which she normally did.

I have contacted the company running the site to ask them if any acident report had been filed and it was the first they had heard heard of it. They advised that because the fence did not fall on the foot path but just to the side of it there is nothing that they can do and that was their report on the entire situation - they even suggested that she may have pulled the fence down on herself?

As she is casually employed she is taking time off without pay and it will be a hit to her wallet. Hopefully there is no long term damage - can anyone suggest my next steps here? Do I need to log a police report about this ? Talk to the local council? Safe work Australia?

Thanks for reading my wall of text :)

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  [Deactivated] on 19/09/2017 - 13:42

  +1

  Any chance of local surveillance footage? On a more serious note try these guys www.hellsangels.com.au

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  k-rokfm on 19/09/2017 - 13:50

  +1

  Broken toe and she is going to miss weeks of work? What the hell does she do??

  I want what you guys have been smoking

  • 

    altomic on 19/09/2017 - 13:57

    +1

    "And this smudge here that looks like my fingerprint? No, that's trauma."

    • 

      Cabrinha on 19/09/2017 - 14:07

      +1

      ‘Inflammable’ means flammable? What a country!

• 

  Ryanek on 19/09/2017 - 14:45

  +1

  I suggest you consult a personal injury lawyer.

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  spackbace on 19/09/2017 - 14:47

  +8

  can anyone suggest my next steps here?

  Heheh….

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  tsunamisurfer on 19/09/2017 - 15:09

  +4

  There is a guy @ work with leg fractures, yes plural, he happily uses crutches to walk around at work.

  A few weeks for a toe I would expect for someone playing EPL or AFL.

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  TheBilly on 19/09/2017 - 15:52

  How do you even prove it? Unless there is some surveillance footage / or you can find and convince the guys that saw it happen. Otherwise it's a he said she said exercise. I guess this is a lesson learnt.

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  hell0 on 19/09/2017 - 16:42

  +1

  "I have contacted the company running the site"

  Consult a personal injury lawyer as even if you dont use their services they normally are able to let you know the plan of action you should take.

  "The injured person must prove that the injury occurred due to negligence", "The Court places the burden on the plaintiff to prove his or her case."
  OK, so top tip is to go back with ur phone on video mode and record the area, how the fence is connected, anything in the direct area really such as things in the way that may have made your wife gooff-track etc… Do this BEFORE they fix the fence otherwise your proof is weak. Also, get a phonecall recording app as when it comes to the crunch it will be he/she said. Do the site-recording ASAP. TODAY. It is easier to edit video than to not take enough so take as much as possible.

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  [Deactivated] on 19/09/2017 - 17:08

  +5

  Maybe call a toe truck

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  Bammers on 19/09/2017 - 17:27

  Thanks for the helpful responses ladies and gents

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  doctordv8 on 20/09/2017 - 10:32

  Take it further, keep calling Council and Safe Work etc until you are listened too. If there was no construction going on at that address, would that fence of been there? Did she pull it down, it does not matter. Safe Work practices dictate it should be secure to not fail for any reason as such. These fact determines who MAY be responsible, but it still needs to be investigated. It could fall onto another and maim/kill, so even if there is no fault awarded, no one wants a danger to stay on the streets.

  • 

    spackbace on 20/09/2017 - 17:20

    But there's no money compensation in that