Broken Man

Gary Corbett broke his back in a work accident five long years ago. He has survived since only with the help of morphine based painkillers and anti-depressants. The morphine deadens the pain from the injury, the Zoloft the anguish of the compo battle he has been fighting for the past three years.

"It is appalling that injured workers can be abandoned by the system for year on end, without full justice or closure," said MUA National Secretary Paddy Crumlin. "Workers have a right to a safe work place. If they are injured they have a right to compensation without delay. It is enough to survive the trauma of a serious life threatening and disabling work accident without having to endure the trauma of a battle with company doctors and lawyers.

Gary was lashing steel wire coils on board the Cape Conway for Illawara Stevedores in Port Kembla on the dayshift on July 13, 2001 when he slipped from on top the stack of wire and fell four metres hitting his head and fracturing two vertebrae and one rib. As well as multiple lacerations and bruising to the body, the fall displaced a rib damaging his chest wall and tore a tendon in his right shoulder. A splintered vertebra pierced his spinal chord. He was hospitalised for more than a month. All four specialists advised he urgently required spinal surgery to reconstruct the damaged vertebrae, stabilise his back and remove the bone splinter lodged in his spinal chord.

"They told me I was extremely lucky I hadn't completely severed my spinal chord," said Gary. "They warned me that even a slight knock could leave me a paraplegic."

But the company's insurance doctor said surgery was unnecessary. As is all too commonplace the company lawyers were trying to avoid duty of care.

"I was totally shattered and severely distressed," said Gary. "All my specialists warned my only option was surgery."

What's more the day of the accident Gary fell through another gap. NSW compensation laws changed in November that year, confusing the claim process. By the time the matter got a hearing in the Wollongong Court the following April, the judge threw the case out, demanding it must be processed under the new laws.

Meanwhile it took a 16-month battle just to get the company to agree to the required surgery. In August 2003 two years and five weeks after the accident, Gary finally had the back operation, which would prevent him becoming paralysed from the waist down.

The Port Kembla wharfie will never be the same. The pain just won't go away and he is now forced to work part time on his feet all day as a sales assistant product or ticket collector.

"I'm stuffed for the rest of my life," he said. I really liked my job on the wharves. I was so active. Now I can't get up some days. I'm resigned to a life of pain, especially as I grow older."

Gary's surgery bills were paid but he still has trouble getting his regular weekly compensation payments.

The only good news is that Gary's job accident within weeks prompted safe work practices to be put in place at Port Kembla. MUA members no longer are required to crawl on top of the massive steel coils, jump and balance as they lash the cargo They now strap the cargo in place on deck.

In August Gary will take court action against BHP as the third party in the hope of getting a lump sum on top of the modest weekly allowance.

"I have suffered a severe spinal injury that has ruined my working life," said Gary. "It's inconceivable that someone can be nearly killed at work and big business get's away it. All I ever asked for is justice."