Country Worker Injured And Sues Mining Company In Negligence And Is Awarded Significant Damages
Published 31 Aug 2015
Our client was a worker who was injured in a work accident in in the Central West Region of NSW. He is currently 58 years of age.
Whilst he was working on the platform of a tractor he fell off and suffered significant physical injuries.
We were able to assess his work injury over the relevant threshold for lump sums due to his serious injuries.
As a result of that assessment we were also able to pursue a work injury damages negligence claim and obtain a significant favourable award in his favour.
He was an employee for a large Mining Company in the Central West Region of NSW when he suffered his injury in 2010.
He fell off the platform of a tractor and suffered serious injuries to both legs and his lower back.
After his condition had stabilised he was assessed and it was agreed with the workers compensation insurer that he was suffering from 18% whole person impairment under AMA 5 with respect to his work injury.
As a result of that assessment it entitled him to receive lump sums for permanent impairment and pain and suffering. By reason of the fact that he exceeded the threshold level of 15% whole person impairment under AMA 5 for his work injury, he was also entitled to pursue a work injury damages negligence claim against him employer.
At the work injury damages mediation hearing of the matter the claim was not resolved and Court proceedings were commenced in the District Court.
Thereafter the Defendant appreciated the significance of the client’s injuries, loss and damage and increased their offer to account for the totality of his past and future loss of wages and past and future loss of superannuation as a result of the work injury.
Our client was awarded substantial damages in respect of his work injury to both legs and lower back.
Despite the fact that our client is 58 years of age, he was still able to receive a substantial award of damages for his claim for past and future loss of wages and past and future loss of superannuation as a result of a work injury in the country.
If you are a worker who resides in the country region or the city and you have suffered significant injuries and disabilities as a result of a work related accident, you may be entitled to receive an award for compensation for permanent impairment and pain and suffering as a result of your work injury.
Thereinafter, if you meet the relevant thresholds, you may be able to pursue a work injury damages negligence claim for loss and wages and loss of superannuation up until the date of your retirement even if it is a reduction in your wage earning capacity.
For a free no obligation consultation, please contact us on our toll free number, 1300 768 780 so that an appointment can be arranged for you to attend to protect your legal rights as a result of a significant work injury which has left you permanently disabled and has affected your ability to lead a normal life.