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Kath from Kmart Bateau Bay has prevailed in her fight for justice and her rights at work.

When Kath was injured at work in January 2023, she lodged a workers compensation claim, which is her right.

Her claim was rejected by the insurer, which asserted her spinal injury was not sustained in the course of her employment and that her job was not the main factor contributing to her injury.

Last week, with the support of the SDA and our expert workers compensation lawyers Wayne and Kaleob from MRM Lawyers, Kath successfully challenged the insurer’s decision in the Personal Injury Commission.

The Commission ruled in favour of Kath and held her injury was sustained at work and her job was the main thing contributing to her injury. As a result, the insurer must pay for the cost of surgery and lost income in accordance with the law.

This decision is a huge win for Kath, a long-serving SDA Delegate, and for injured workers more generally.

It serves as a timely reminder of the importance of safe work practices and getting the right advice and support if you are injured at work.

  • You have the right to see your own doctor
  • Your Manager is not entitled to accompany you into your medical appointment
  • You are entitled to make a worker’s comp claim
  • If liability is denied, get legal advice quickly
  • If your employer refuses to provide suitable duties, get help quickly.
If you are injured at work or suffer an illness arising from your work, we are here to help!

Contact us!


SDA members receive information, support and advice from experts to answer any workplace question you may have.