A baggage handler for Qantas Airways Limited has won a fight to sue his employer over a spinal injury he received while at work. In the District Court ruling, the employee successfully sought to extend the period of limitations so he could proceed with a lawsuit.
The 39-year-old was left with a cervical spine injury in January 2006 after lifting a telescopic pole from the baggage compartment of an aircraft. Medical diagnosis at the time was that the man had a disc herniation which was caused by degeneration over time. He was told his symptoms would subside within two months and he did not require any treatment.
However, he continued to suffer from neck, left arm and leg pain for years, despite being transferred to a less physical role with the airline.
In February of 2009, he consulted an orthopedic surgeon. The surgeon diagnosed him with spinal cord damage as a result of disc prolapse which likely occurred previously in January 2006. He recommended a priority surgery. Spinal fusion was performed in early March 2009.
It was only when he was discharged from hospital in May 2009 that he considered taking legal action against his employer.
Cases like this one which come to trial in Queens and Staten Island are best handled by local law firms familiar with local laws.
A New York Spinal Injury Attorney following the case said, “Court documents initiating a lawsuit against Qantas were filed in February this year with an additional application that the period of limitation of three years from the date of the injury be extended until February 2010.”
The application was allowed by the presiding judge. He provided the allowance in a written judgment and at last ruled that the plaintiff had proved that the original medical advice he was given did not generate a worthwhile cause for legal action, but that the secondary and more specialized advice given much later was worthwhile.
When medical advice leaves you in pain or your job causes severe injury, contact a New York Spinal Injury Attorney. They will review your case with diligence and be dedicated to seeing you reach a satisfactory conclusion.