Disability worker loses voice for six years after being exposed to filthy conditions
In late 2019, the 44-year-old, who asked not be identified, was working as a support worker for Woodbine, a not-for-profit that assists people with intellectual disabilities based in Warracknabeal in Victoria's wheatbelt, 330km northwest of Melbourne.
The disability support worker of two decades took a client to Warracknabeal Hospital for treatment and had to stay with him for several days as it wasn't equipped to properly cater for their needs.
A number of other patients there had respiratory illnesses, and she came down with a similar illness as a result of her time there.
The mum-of-two spent three weeks off sick, and when she returned she alleges she was put to work in unsafe conditions.
'Unfortunately [the clients] weren't able to keep their house clean, it would be filthy... urine, faeces, and mum would have to go there quite a bit,' her 21-year-old daughter said. 'Mum didn't want to be rude. Woodbine was aware of the circumstances but there was nothing put in place to protect mum at all.'
As a result of her exposure to that environment, her respiratory condition worsened and she was diagnosed with a chest infection and pleurisy -- inflammation of the lining of the lungs and chest cavity.
Her condition continued to deteriorate before she was eventually hospitalised in March 2020, losing her voice completely.
'She never came back and it developed into this vocal chord dysfunction from the recurrent infections,' her daughter said. '[The doctors said] mycoplasma pneumoniae is really hard to treat.'
Six years later, she can't speak for more than a few minutes. She lives in constant pain and has to take heavy muscle relaxants just to keep her vocal chords at peace.
She moved to the Gold Coast in 2022, and has been unable to work since her injury.
Her daughter said the impact on her mum and their family had been 'devastating'.
'Day-to-day is pretty up and down,' she said. 'Prior to this injury mum was quite a fit and healthy person, mum would do swimming with me, exercise has all come to a halt. She has to be on medication to get through the day. The financial implications have been [significant].'
'It's a very bizarre and unique situation,' said Shine Lawyers senior associate Nehad Elmassry, who is representing the worker.
'She contracts this viral disease -- this is in the pre-Covid days -- then she loses her voice chronically for the rest of her life. There's no surgery, no therapy, no kind of treatment that's going to get her to be able to speak the same way.'
Shine alleges Woodbine breached its duty of care by failing to provide her with personal protective equipment.
'There was no risk assessment when they sent her to the hospital,' said Mr Elmassry.
'She complained about the environment the patients were in and they still sent her. She complained the patients were unwell, they told her 'go do your job'. Her condition continued to get worse. No one expects to go to work and lose your voice for the rest of your life. [Being] unable to work, that's the least of your problems. Her daily activities are impacted -- she can't go to the shops, speak to other people, all of the things we take for granted.'
She has been receiving WorkCover payments at 80 per cent of her previous salary for more than five years, but now intends to lodge an application for a serious injury certificate with the insurer in the coming months.
'She met the threshold to get compensation for losing her voice, now to get further compensation you have to sue the Victorian WorkCover Authority, which steps into shoes of the employer,' said Mr Elmassry.
The claim has not been finalised but is expected to be 'hundreds of thousands for pain and suffering and economic loss'.
'Certainly if she can't work again, the WorkCover insurer would have to compensate her for the economic loss she would have suffered up until the age of 67,' he said.
Shine is hopeful the claim will reach settlement without having to go to court.
'If there's a dispute and we can't come to agreement on who's at fault, it could land in court,' said Mr Elmassry.
'Woodbine [are] going to be under the gun. They'll be responding because they'll be asked a lot of questions.'
The woman's daughter said her mum felt let down by her employer of more than 20 years. 'They forced her to resign on pretty bad terms, it ended pretty nasty,' she said.
'Mentally it was just so draining. Mum was so passionate and caring for her clients, they were always treated as so much more than a job. They were mum's world, she loved her job. It's just been really tough.'
She added that the goal of the claim 'more to be recognised, to be shown that what happened wasn't fair'.
'This has been a really lengthy process and ultimately she just really wants it to come to an end,' she said.
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