Australia Post worker receives $400,000 in compensation when struck by a motor vehicle whilst delivering mail
Published 10 Nov 2015
We acted for Mr D who was employed by Australia Post as a mail delivery driver. At the time he was delivering mail when he was hit by a motor vehicle that failed to stop as he was riding his motor cycle causing him to come off his motor cycle and sustain serious injuries to his leg.
Mr D had lodged a Workers Compensation Claim but was unaware that he also had rights under the Motor Accidents Compensation under their specific CTP scheme. Mr D contacted our offices and was advised that he did have a claim and that the CTP component was much larger than any Workers Compensation component noting that his injuries had affected his ability to return to work and that he was losing ongoing overtime and shift allowance.
Action taken by our personal injury lawyers:-
Mr D instructed Gerard Malouf & Partners who then lodged a Claim Form on his behalf against the CTP insurer of the vehicle at fault. The CTP insurer accepted liability for the accident. Once Mr D’s injuries had stabilised appointments were arranged for him to be medically assessed by an Orthopaedic Surgeon, a Psychiatrist, an Occupational Physician and an Occupational Therapist. The purpose of these examinations was to ascertain the level of any impairment, the need for any future treatment, the effect of the injury on our client’s capacity to work and need for future care in light of his injury. Once the Reports had been received an offer was conveyed to the insurance company who refused to participate in settlement negotiations.
An Application was lodged with the Motor Accidents Authority to have the matter assessed by an Assessor. Once that Application was lodged the insurer caved in asking for a settlement conference to take place at the offices of their lawyers.
At the settlement conference and after extensive negotiations the insurer offered the sum of $400,000.00 which represented an excellent compromise in the matter noting that Mr D had returned to work but was continuing to lose some shift work. Our client’s injuries were less than 10% also so the settlement represented a good outcome in the circumstances.
If you have also been involved in a motor vehicle accident at work or during work where you have lost or are continuing to lose income as a result, then you may have entitlements to lodge a personal injury claim form with the CTP insurer and this claim can offer a lot more than what the standard Workers Compensation Claim can offer.
If you are unsure as to whether you have a claim and you require any advice then please contact us for a free no obligation consultation with one of our personal injury lawyers.