Penrith woman awarded $140,000.00 compensation for work injuries
Published 08 Jun 2015
Our client was working in a nursing home as a carer at the time of her accident. Our client was required to manuallypressure a lever with her foot so as to open a door for her access. In doing so, our client experienced a twinge of pain up her left leg, through her left buttock and running up her back. She completed her shift and attended her doctor thereafter.
She continued to attend work but sporadically took days off work as her pain became overly intense. This continued for a period of 12 months until she ceased working with the employer. She has worked part time ever since the accident and takes medication and receives constant treatment to alleviate her pains.
Our firm then conducted two separate claims for this client which were:
1) Workers Compensation claim; and
2) Work Injury Damages claim.
In regards to our clients workers compensation claim, this contained to aspects, these are her claims to payments in regards to her whole person impairment, and her claim for pain and suffering.
In relation to whole person impairment, our client was assessed as having an impairment of 15%. This entitled her to $20,000.00 in lump sum compensation. A claim was then made to account for our client’s pain and suffering, to which she was awarded a further$10,000.00.
With specific regard given to the award for pain and suffering, it is important to note that there is no further entitlement for pain & suffering for any work place injury that had been sustained on or after 19 June 2012. It is important to understand that claims for pain & suffering have been abolished generally and even affect claims where injuries had arisen prior to 19 June 2012. However, in very limited circumstances, pain & suffering is payable for some. It is payable if the worker is making a further deterioration claim where the first lump sum claim had finished prior to 19 June 2012. In that situation a claim for pain & suffering can only be made if certain impairment thresholds are satisfied.
For this particular client, the workers compensation claim resulted in $30,000.00 being awarded.
As our client had a whole person impairment of 15%, the solicitors at Gerard Malouf and Partners were able to make a claim for work injury damages. Work Injury Damages claims are purely economic loss claims. These claims can only be made if the injured worker has satisfied the necessary threshold of at least 15% whole person impairment.
Upon attendance on a mediation with our solicitors and barrister, our client agreed to an offer made by the insurer’s legal representative of $110,000.00. Adding this to the $30,000.00 previously claimed, our client walked away with a total of $140,000.00.
If you or anybody you know has suffered from a workplace injury, please do not hesitate to contact the experiences workers compensation solicitors at Gerard Malouf and Partners. Furthermore, if you or someone you know has suffered a workplace injury prior to the 19 June 2012, contact our offices for further information regarding your claim to pain and suffering.