Part 1 — Women’s Stories

54

Australia

No compensation: just bills, pain and sadness

Mrs. K

This paper was presented at a Migrant Women Workers' Speak Out in Sydney, Australia, in 1982. It is reprinted, with some changes, from the journal Migration Action, Volume VI, No 2, 1982.

I come from Lebanon. I have been in Australia for five years. My accident happened on February 15, 1978. I have appeared in court five times—the last in April 1981, when I was told I had lost my case. Nothing was granted for my injury—no compensation. I don't understand how this happened. Just before I went into court, I was offered $12 500¹ for settlement. Now they tell me I have nothing. All I have is a whole lot of bills and more bills. I even have to pay now for another lawyer—to fight for I don't know what—when they have already told me I can't appeal. What does it all mean? Where does it leave me? I would like to tell you something about my problem and how this all started.

I was working for a packing company. I was the only one who was called back after a number of us were retrenched. My boss liked me, and said I was a good worker—that's why I got my job back. Even my sister-in-law, who introduced me to this job, did not get her job back. On the day I returned, I was moved to a new section. I was told to pack the boxes, count them, then stack them together with the others behind me, not far away. I did this, and just as I lifted a box to stack it with the rest, I felt a sharp pain in my back. It hurt very badly, and I had to sit down. The woman next to me then told me I should not have lifted the box by myself; I should have asked someone to help or got the men to carry it. Nobody said this to me before I hurt myself. My boss just said "put it behind when it's finished". The woman next to me told me to tell my boss, but it was nearly closing time, so I didn't say anything. I thought I might have pulled a muscle, and that the next day I would be all right.

I started work again at 7.30 a.m. the next day and my back was aching. I had not slept the whole night. Because I was so ill, I was sent to see the company doctor, who referred me to my own doctor. The company paid my transport home, and my mother-in-law took me to the doctor. I visited him four or five times in the space of three weeks, but my pain was no better and he referred me to a specialist.

55

The specialist sent me to a physiotherapist for five months. I had to catch two buses to get there. I was also admitted to hospital twice, and had bone manipulation done twice. Finally, my plaster was taken off, but I felt no improvement—the pain was worse and I had lost a lot of weight. Every two or three weeks I had an appointment with the specialist, who gave me more pills for the pain.

Three months later I was sent for an X-ray and other treatment. Six months after the accident, all payments were stopped. My pain was still bad; I could not walk some days because even my legs hurt. So my friend told me to see a solicitor, who suggested I go back to see my doctor for a certificate, then back to the factory to ask for light duties. I went to the factory twice, and also applied to other factories for work. I went about five times to an unemployment office, and they told me that my English was not good enough for any of their light jobs or duties.

Anyhow, this went on for about two years. I went to doctor, then employment office, then solicitor. Then I had my first real experience of lawyers and court. I didn't like my lawyer—he was always with the insurance officer, not me; he always told me the doctor's report didn't help—no good. When I next saw the doctor, I asked him why he had given a bad report. The doctor said the solicitor had lied—that he had given a good report. My solicitor also said something different from the barrister. One day just before the court hearing, I was in my solicitor's office, and he was telling me to take the offer of $ 12 500 in settlement. He didn't explain clearly. I wanted to know about damages, but he kept telling me to take the offer. When he left the office for a few minutes, his barrister—who's a woman—told me not to listen to him. She said that she was on my side because of being a woman, too, and she knew that the magistrate liked pretty women. I should go to court, she said, and I would be sure to win. I was confused, and didn't know what to do; I also did not trust my solicitor any more. So I took the risk and went to court, fighting and arguing with my solicitor; in fact once I told him I wanted another solicitor. He told me I couldn't change, and I had nobody else to advise me. The people that I did trust were not helping me. All this trouble went on for nearly three years before my case was taken to court.

All I have now is just more bills, pain and sadness. There is yet one more very sad thing apart from my loss in the court case. During this time, I became pregnant. I wanted the baby very much, and my husband was also very happy about the baby. I went to ask the specialist's advice. He said I was sick and could not have the baby. He gave me a letter, and sent me to a place to get rid of my baby.

I was very sad, because I thought it would have helped my relationship with my husband. Due to my sickness, things had not been good with my husband, and so I thought a baby would make him happy, and I would be happy, too.

But I listened to the doctor against my husband and family. This happened about one and a quarter years ago. During the past year I have been trying to have a baby, and have seen many doctors. They have done tests and tried to put things inside me to help me get pregnant. But only last week I

56

was told that I have to have an operation if I want to get pregnant—but there is no guarantee. I am very scared, and I keep thinking of the baby that the doctor wouldn't let me have before.

I have lost my court case; I have lost my baby. I seem to have lost everything. All I have are bills, more bills, more pain, more doctor's visits and more sadness for my family and I. I have shared my personal experience with you. I hope it can help other women here with the same problem as I have.

Notes

1. About $US 12 000.