Workplace injury claim leaves father in limbo

A workplace injury on a Sydney construction site has left a father stuck without his family and his work prospects shattered. Now, trouble with his insurer is adding to his worries.

While doing demolition and construction work at a job site in Sydney, then 29-year-old Dara McKay-Firth sustained damage to three discs in his back. Now, at 34, he’s still dealing with the injury after four major surgeries.

His ex-partner and three children have since returned to Ireland. However, Mr McKay-Firth has had to remain in the country as the injury has crippled his work prospects and repeat surgeries and recovery have stranded him.

“The injury tipped my life completely upside down. I’ll never return to labouring, and it’s the only work I have ever known. I didn’t think I’d end up needing four surgeries. After the first, I said I’d be able to return home soon, but it never happened. Having no money coming in, financially, we took a hit,” Mr McKay-Firth explained.

“We decided it was best for my family to go home. It kept dragging on, and I needed more and more surgeries. My partner said she couldn’t stay; it was affecting her mental health so badly. She ended up moving out just after my son’s birth.”

He continued: “I’m missing so many milestones in my children’s life. I have got no time frame as to how long I will need to be here. I have to remain here until my injury stabilises after all these surgeries and my treatment has finished, as my doctors are based here.”

Further adding to this issue is a lack of support from his workplace insurer. Now, Mr McKay-Firth has begun investigating a negligence claim against Allianz through Slater & Gordon.

“For the first year or so, the employer is so nice and can’t do enough. They offer you the world. They said, ‘Have you thought about becoming a foreman and going into management?’ I was busting my ass at work. I thought they would do right and stand by me. They try to keep you sweet for that period to make sure you don’t bring a legal claim for the first three years when it’s possible to make a negligence claim,” he said.

“I remained in the job for a while, but my colleagues were having to work twice as hard to cover me working in two-man teams. I had to leave. At one point, the employer offered me a factory role on less money. You don’t know any better at the time. It was workmates that said you need to find out what your legal rights are.”

Dealing with these issues has affected Mr McKay-Firth’s wellbeing, adding even more pressure to his situation.

“You do need to seek mental health support. Trying to cope with it on your own – you can’t do it. In construction, I was always open about my mental health. Everyone takes the piss, and they think it doesn’t matter until you really need support. It’s a bit of joke until you get injured and you need help,” said Mr McKay-Firth.

The ongoing WorkCover payments, which Mr McKay-Firth has received, have left him struggling to stay afloat, he said. Now, his message is for workers to be aware of their rights and take care not to end up in these types of situations.

“My message to other young people is that injuries at work can happen, and they do. You don’t think an injury is going to happen to you, but then it does … Now, I can only lift one kilo, and there’s no twisting, no pulling or bending in the work I can do. That rules out a lot,” he outlined.

“If your work promises to pay your medical bills or anything to prevent you [from] lodging a claim or going on WorkCover payments, think twice about it. You don’t know what surgeries and loss of earnings are going to add up, or the impact on your future.”

Mr McKay-Firth concluded: “Many young people are often put off lodging a WorkCover claim by their employer, their boss or colleagues. It was the best thing I could have done, as well as receiving mental health and legal support, to keep me and my family going.”

Jack Campbell

Jack is the editor at HR Leader.