Who is to blame?

Paralyzed after work accident, no compensation for pain and suffering

Michael Neubauer has to pay for special wheelchairs - in part - out of his own pocket.

(Bild: zVg)

In 2021, a pipe fell on a civil engineer from Lower Austria in a trench. The young man has been paraplegic ever since. But no compensation was paid for his suffering. Partly because the court spent a lot of money on expert reports during his trial.

Michael Neubauer sits - in his wheelchair - in a restaurant garden in Lower Austria. His father brought him there because of the many thresholds and steps that have to be overcome on the way there.

"I can only get around outside on my own if I don't have to overcome any obstacles," says the 29-year-old as he tries to bring the coffee cup in front of him to his mouth and drink from it.

He was buried under a piece of pipe
No, he doesn't want anyone to help him: "Because I need to remain as independent as possible." In his fate of being paraplegic. "I can't feel anything from my chest to the tips of my toes"; the function of his arms and hands - also severely restricted.

His disabilities: the result of an accident at work. It happened on November 25, 2021, when the civil engineer was standing in a trench "like thousands of times before" to lay a pipe; when an excavator driver brought it to him, the vehicle tipped over, the part fell and Michael Neubauer was buried under it. "I don't know anything after that..."

None of my bosses had ever told me that I had to be secured when standing in a trench. So I never did - and neither did my colleagues.

Michael Neubauer 

Bild: Martina Prewein

Until - later, much later - he woke up in the intensive care unit of St. Pölten Hospital and was told by doctors that the nerve cord between his 6th and 7th cervical vertebrae had been severely damaged. "But I never lost my will to live."

The process dragged on for years
The young man was then hospitalized in rehabilitation clinics for almost a year. To learn how to deal with his drama. Physically and emotionally.

In the meantime, his parents converted an area of their house to make it accessible for disabled people, "they and my partner were always extremely supportive". And the state also takes care of him, "I have home help, I get a pension - and further therapies are paid for".

A photo from the past: Michael Neubauer before his serious accident.

(Bild: zVg)

However, the family has to pay for many expensive purchases out of their own pocket, such as a recent traction device for his wheelchair that gives him more independence, which cost 8,000 euros.

Amounts that the young man had initially thought he would be able to pay - with the compensation for pain and suffering to which he was entitled. The process took two years, countless expert opinions were obtained, insurance cover was used up and additional cover was not released, "because the court ultimately came to the conclusion that I had acted negligently."

I only recently started representing Mr. Neubauer - when the costs of his case had already exploded. Through no fault of his own.

Anwältin Astrid Wagner

Bild: Zwefo

Because he was standing unsecured in the trench. "None of my bosses had ever told me that it should be any different. All my colleagues and I have always worked in this way." Conclusion: Although Michael Neubauer sustained his - serious - injuries in the course of his work, he received no compensation.

A donation account has now been set up for him: Dornbirner Sparkasse; IBAN: AT39 2060 2030 0003 3377, reference: "Michael".