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Case 9

On 15 September 2008 whilst working as a tiler, the worker alleged that she was struck by a forklift and sustained injuries to her right hip and thigh. On 8 October 2008 WorkCover accepted the claim and compensation was paid between 16 September 2008 and 5 December 2008.

On 1 October 2009 the worker lodged a Notice of Claim for Damages. The worker further stated that her co-worker was also stuck by the forklift and became unconscious and that she was screaming when the driver of the forklift realised what had happened.

Investigations were undertaken with the forklift driver and the site workplace health and safety officer. Both parties confirmed that it was only the co-worker who was struck by the forklift, and that this worker was some distance away from the co-worker at the time.

On 20 December 2010, the worker was found guilty and given three months wholly suspended for 12 months for each of the two frauds and one month wholly suspended for six months for each of the seven false and misleading charges. She was ordered to pay restitution of $7,667 and costs. A conviction was recorded. The worker's entitlement to common law damages was extinguished.