A former Coles worker is suing the supermarket, claiming she slipped and fell on a wet floor, near a hot chicken stand, allegedly causing injuries which led to a hip replacement.
Nadia McCarthy is seeking damages, alleging that while working at the Queanbeyan grocery store in 2016 it was necessary for her to walk through a wet area which caused the fall.
She claims this resulted in hip and back injuries which culminated in a hip replacement surgery in 2020.
Last week, the NSW District Court allowed Ms McCarthy's application to sue Coles supermarket for negligence outside of the three-year time limit to commence such proceedings.
In a published judgment, Ms McCarthy states on April 1, 2016, she was working in the deli of the supermarket.
After the end of shopping hours, the woman says she stepped out of the deli to clean the hot chicken stand.
She noticed a cleaner had started mopping, and he had thrown water and soap from a bucket onto the floor, instead of using the usual method.
Ms McCarthy claims she had no training on working with wet floors, alleging there were no "wet floor signs" and "we were generally advised to continue working regardless of the water".
The worker said that she took a couple of steps towards the chicken stand, when she fell, landing heavily on her left side.
She got up to continue to walk and allegedly felt "immense pain".
An ambulance was called and Ms McCarthy was taken to hospital, where she stayed for a short time and was given Endone.
The next day, Ms McCarthy went to a general practitioner who gave her pain medication, told her not to drive, to elevate her leg, and stay off work.
She was off work for two weeks, before returning to Coles part-time for three to four weeks.
Following this, the GP certified her as unfit to work and she left her job.
Ms McCarthy did not return to work until 2021, this time as an administrative assistant with LJ Hooker.
However, she was once again deemed unfit for work in 2023.
Ms McCarthy alleges as a result of the fall she underwent extensive medical advice, investigation and treatment for her left hip pain and other health consequences.
