Matthew’s story: a damaged knee and a fight for justice

Despite its dangers, Matthew loved his job. As part of a team manufacturing heavy-duty mining equipment, he worked with huge, heavy objects that were heated to high temperatures. Over nearly two decades, Matthew learned almost every process used on the site.

One day, a risky procedure resulted in a severe workplace injury that would change Matthew's life forever. A serious injury would create both physical and psychological challenges. To make matters worse, Matthew's employer denied any responsibility for the incident.

A complicated job — with serious risks

Matthew’s workplace produced mining equipment. Some of the biggest objects they worked with were “lips” — the jagged plates used on the digging ends of excavators and loaders. They had to be heated and cooled, shaped and smoothed.

Every day, the team would produce different shapes and specifications. Over 17 years, Matthew worked his way up from a “dresser”, grinding down irregular surfaces, to a crane operator. “I really enjoyed it,” Matthew says. “You’re doing something different pretty much every day.”

But the work was demanding, too. “It’s a hot, dirty environment,” Matthew says. Most of all, there was constant pressure to produce equipment and meet tough deadlines.

Some of the equipment they worked on was colossal. The largest lips could weigh up to 20 tonnes and needed to be heated in massive stoves. To stop them from toppling during heating, workers would weld heavy stabilising rails to them, which could weigh up to 100 kilograms. Lifting rails that heavy by hand was never safe. But at this workplace, it was routine. Even though cranes were available to lift heavy equipment, workers were ordered to lift the heavy rails by hand, hugging them to their chests and carrying them from place to place—solo. “We couldn’t do a two-person lift,” recalls Matthew. “We had to do it ourselves.”

Matthew repeatedly warned the employer that this procedure was dangerous. As a crane operator, he knew that some kinds of heavy lifting should be performed using equipment to avoid risk of a workplace injury, but his warnings fell on deaf ears.

One day, while holding one of the huge rails, Matthew twisted—and at that moment, he felt something change. “That’s when I felt my knee go,” he says. “Just a little pop in my knee.”

His supervisor asked if he wanted to report it. However, at this workplace, there seemed to be little point. “Even when I did report it, nothing gets done anyway. You’ve still got to lift up the railway lines tomorrow.”

Matthew’s employers hadn’t heeded the warnings to change their procedures. Now, Matthew’s injury would change his life.

The injury that changed everything

The pain in Matthew’s knee worsened over several weeks. He found himself increasingly unable to walk. Eventually, a specialist confirmed that he had torn his meniscus—a crucial piece of cartilage in the knee.

Matthew experienced excruciating pain from his knee injury and was unable to work. His treatment was complex and prolonged.

“I hadn’t been out of work for that long,” Matthew says. “Just sitting at home, not knowing how long this is going to take—the depression because you can’t do anything. All you can do is sit at home.”

Matthew faced months of surgeries, rehabilitation, and emotional strain—not just for him, but for his loved ones too.

From pain to hope – and justice

In need of help, Matthew turned to his union, which referred him to the team at Maurice Blackburn. That’s how I met Matthew.

As soon as I took over Matthew’s case, we clicked. The team made sure Matthew always knew how the case was progressing and alleviated the burden of the legal process off Matthew’s shoulders. “Shane, he knows what he’s doing,” says Matthew. “I always knew what was going on.”

When Matthew’s legal case began, he was in a challenging situation, dealing with multiple medical specialists during one of the most stressful and painful periods of his life. However, getting legal representation alleviated some of Matthew’s stress. We were in his corner, always ready to discuss any aspect of the case, allowing Matthew to feel at ease. “This is the way Maurice Blackburn treats you,” says Matthew. “They treat you like you’re a human being.”

We began conducting our own investigation into the incident. To prove the full extent of Matthew’s injuries, we engaged specialists—surgeons, occupational therapists, and psychologists. Additionally, we had to prove that Matthew’s employer was negligent.

Matthew’s employers disputed the facts of the case, claiming that Matthew’s story wasn’t right, and that he hadn’t carried out the dangerous task on that day. Unfortunately, this approach is not uncommon among employers fighting compensation claims. However, we didn’t accept this at face value. We tracked down a witness from the workplace who confirmed Matthew’s account and highlighted management’s history of neglecting safety concerns.

In the end, the hard work paid off. The claim was successful, and Matthew received compensation—both an acknowledgment of what he’d endured and the financial support he needed to move forward.

Ready to start a new chapter

Matthew is now ready to begin a new chapter. “I’ll go to something else,” he says. “It’s a new career, something different — something else to learn.” 

Despite their negligence, Matthew’s employers fought his claim, attempting to shift the blame onto him. However, with compassionate and skilful legal representation, Matthew was able to win compensation and prepare for a new stage in life. He fondly recalls his time working with us.

“Shane said, ‘if you’ve got anything you want to talk about, even if you just want to have a chat, ring me,’” says Matthew. “It was fantastic working with him. That’s what made me feel so confident working with the Maurice Blackburn team.”

“If you’ve got an injury, go see Maurice Blackburn and talk to them.”