Injured worker assessed at 34% whole person impairment due to serious work injury

Our client was an offsider for a factory when he severely injured his neck, elbows, and lower back. He was stepping onto a trailer tailgate when he lost his footing, slipped, and fell. He lost consciousness and had to be taken to the hospital for immediate treatment.

He underwent multiple major surgeries to his neck and back, and underwent various forms of treatment including physiotherapy, cortisone injections, and medications to help alleviate his pain.

Under the workers compensation system, a worker with an accepted injury is entitled to:

1. Weekly compensation payments during any periods of incapacity.
2. Payments of reasonable medical expenses incurred as a result of the work-related injury.
3. A lump sum claim for a workers impairment if the workplace injury is assessed above 11% Whole Person Impairment (for a physical injury) or 15% Whole Person Impairment (for a psychological injury).

Our client’s claim for workers compensation statutory benefits was accepted and this entitled our client to receive weekly compensation and medical benefits, including the costs associated with his surgeries.

After our client recovered from his surgeries, we had our client assessed for permanent impairment by a medical legal expert and lodged a permanent impairment claim. However, in response to our claim the insurer proposed a counteroffer which was significantly lower than what we had proposed.

Our experienced team worked around the clock and lodged an application in the Personal Injury Commission. Our lawyers put together reports from treating doctors, specialists, and independent medical examinations to ensure the lump sum amount accurately reflected the impairment our client had suffered from.