Terminating a light duties worker doesn't close the door on legal exposure
On 23 April 2026, a Victorian court granted a terminated injured worker the right to sue for pain, suffering and lost earnings.
Qing Bin Kong, a Chinese-born boner at an abattoir in Colac, Victoria, worked for Australian Lamb after arriving on a work visa in 2017. He began experiencing lower back pain from heavy, repetitive pushing, pulling and lifting in 2020 and lodged a WorkCover claim on 21 July 2022. He had also sustained a right foot injury at the same workplace in November 2019, returning to full duties after recovering.
After his back injury, Kong returned to work on progressively reduced hours, eventually working just nine hours a week on light duties, cleaning and replacing plastic bags in boxes. He applied to the County Court of Victoria under s327 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) for leave to bring a common law damages claim, citing both a physical injury and a psychological injury. His employment was terminated in mid-2025 while those proceedings were already underway.
Her Honour Judge Clayton handed down her decision on 23 April 2026, granting Kong leave to proceed with claims for pain and suffering and pecuniary loss on the basis of his physical injury. The court was satisfied that the consequences of his physical injury were at least very considerable and that his permanent loss of earning capacity exceeded the required 40 per cent threshold....
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