Construction Worker Sustains Significant Injury on Site and Receives Compensation in Excess of $600,000

Published 08 May 2014

Jim was a rigger who was working on a construction site when another contractor in another vehicle collided with him resulting in him sustaining significant injuries to his lower back.

Jim went off work initially but tried to do the best in coming back to light duties work but was unable to do so.

Jim initially applied for Workers Compensation benefits which were accepted but then were refused. He saw us shortly thereafter and we vigorously proceeded with the claim making significant submissions to the Workers Compensation insurer to have his benefits reinstated.

Jim clearly had a claim against the driver of the vehicle that collided with him on the construction site.

This was technically a complicated matter as the claim was a public liability claim but possibly also could be considered as a vehicle accident. Jim relied on and trusted our expertise and advice.

In any event, we initially proceeded with his Workers Compensation benefits and obtained for him significant damages for benefits under the Workers Compensation Scheme for impairment and also pain and suffering.

Proceedings were commenced in the District Court against the owners of the vehicle and the construction site managers.

Jim continued to be off work for several years and continued to be in receipt of Workers Compensation benefits.

Jim underwent two surgical procedures and finally attempts were made to try to settle the claim so as he could get on with his life.

It was important to obtain medical evidence from his own treating Doctors and Surgeons. We also obtained independent reports from our own medical specialists. We organized for our Forensic Accountant to prepare an economic loss Report and we obtained Reports with regards to his future medical and treatment needs.

One of our experienced Barristers was also briefed to provide an Advice again on a no-win/no-fee basis.

We aggressively pushed all the Defendants to proceed to a settlement conference and finally had the matter listed for a formal Mediation.

At the Mediation Hearing all the Defendants and the Workers Compensation insurer were present. We were able to make forceful submissions in relation to the value of Jim’s claim noting that he had been off work for some years and it was unlikely for him to ever be able to return to full-time employment in the construction injury.

The matter was finally resolved for a figure of over $600,000.00. We were able to also make submissions so as the Workers Compensation insurer would take a reduced amount.

Jim was very happy with the final outcome and congratulated Matthew Goold and Reg Kolokossian who worked tirelessly to extract the best possible figures at the Mediation Hearing.

Jim is now able to get on with his life. He is happy to have closure and has outwardly expressed his gratitude saying “Thanks to Gerard Malouf & Partners I can now get on with my life, have my children come over and we can move to Queensland to start fresh.”

It is pleasing that we are able to put final closure to Jim’s claim and help him to get on with his life.

At Gerard Malouf & Partners, Jim placed his trust in the firm to obtain the best possible figure and to maximize his compensation. We repaid that trust by ensuring that no shortcuts were taken and the best possible amount was sought.