The bird that cost Woolies $17,000
<p>A woman whose right-eye was “severely injured” in a magpie attack has been awarded almost $17,000 in lost wages.</p>
<p>Last year on May 14, Anita Smith, a Woolworths shop assistant from Albion Park, NSW, was on her way to work when the bird attack occurred.</p>
<p>Anita was about to enter Kiama Village Shopping Centre, which has a Woolworths inside, when the bird swooped her.</p>
<p>In July, Anita underwent surgery which was described in her compensation claim as an “inturned central part of the right eye flap”.</p>
<p>According to Fairfax, 10 people had required medical assistance for injuries caused by the same bird during the period.</p>
<p>The Workers Compensation Commission ordered Woolworths to pay Anita almost $17,000 in lost wages as well as covering her medical and rehabilitation bills.</p>
<p>The amount was calculated based on Anita’s 25 weeks of reduced work as a result of her injuries. Counsel for Woolworths unsuccessfully tried to argue that Anita was “not performing any work” at the time of the attack.</p>
<p>Court documents revealed that a Woolworths store manager attempted to shift blame by saying the centre management was responsible for the attack.</p>
<p>“Centre Management had previously been informed regarding a number of bird attacks and choose to do nothing about this until this and other serious incidents happened,” the manager said.</p>
<p>According to official documents, the local council “had previously attempted to deter the peewee with the installation of two imitation owls. These efforts apparently were unsuccessful as the bird continued to swoop at and injure persons entering and leaving the Shopping Mall.”</p>
<p>The commission’s arbitrator John Harris ruled that Anita’s employment had been a “substantial” contributing factor in the injury.</p>
<p>He also said the claim form submitted by Anita’s store manager at the time “clearly established prior knowledge of bird attacks”.</p>
<p>“It is extremely unlikely that Ms Smith would have been attacked by the peewee at that time, had she not been in the course of her employment with the respondent. Whilst it is possible that, at that time, Ms Smith may have been present at the Centre for personal reasons, such an inference is extremely unlikely,” he said.</p>
<p>On June 20, the bird was shot after the local council received a permit from National Parks and Wildlife. </p>
<p>Have you ever been attacked by a magpie? Share your story with us in the comments below. </p>
