Perth worker startled by office alarm wins $2 million damages claim

A Perth office worker who injured his neck when he became startled by a faulty alarm going off has successfully sued his employer for nearly $2 million in damages.

Michael Hooker was a computer draftsman at Allied Pumps in Welshpool when he suffered his injury in March 2012.

According to District Court of Western Australia court documents, Mr Hooker was sitting at his desk in an open-plan office about 2pm when another employee switched on a faulty personal gas detector, triggering a "loud and piercing screeching" alarm which startled Mr Hooker.

The 42-year-old reactively turned sharply to his left to identify the source of the noise, causing his knees to hit the side of his desk and send pain to his neck and shoulders.

The other employee turned the alarm off and then switched it back on again, claiming it "was a joke" when Mr Hooker and others shouted at him to turn it off.

Mr Hooker suffered a soft tissue cervical injury which gradually worsened and was later diagnosed as a C4/5 disc bulge impinging on a nerve root which required surgery to insert an artificial disc.

The father-of-three said the injury had left him permanently disabled and unfit for any form of employment due to the significant pain he suffered and associated psychological complications.

He sued his for employer for damages, loss of past and future income and a diminished quality of life.

Allied Pumps refuted the claim, submitting to court Mr Hooker had "enormously over-estimated the appropriate compensation" and that his pre-existing spinal injuries and depression had contributed or caused his incapacity.

Mr Hooker was originally seeking $2.5 million compensation.

In 2005, he underwent a successful L5/S1 spinal fusion, and was treated for depression after the surgery.

Earlier this month, Judge Philip McCann ruled Allied Pumps had breached its duty of care to Mr Hooker by having the alarm in an office environment and was liable for his injuries.

The faulty gas detector was designed to be worn by personnel in enclosed spaces where there was a risk of hazardous airborne substances.

The portable device was lying on a desk behind Mr Hooker in preparation for a service person to come and fix it when an employee picked it up and turned it on.

The court heard before the injury, Mr Hooker led a busy and social life and enjoyed fishing, camping, four-wheel-driving, prospecting and boating.

He now has difficulty driving and when giving evidence in court, he appeared in pain and walked slowly and stiffly.

Allied Pumps was ordered to pay Mr Hooker $1.9 million in damages including $1 million in lost past and future earnings, $262,000 for past medical expenses and $135,000 in general damages.