Man from Lismore awarded over $300,000 after suffering shoulder injury at work
Published 02 May 2016
Our client was awarded over $300,000.00 for a shoulder injury he suffered whilst working and performing maintenance duties. This man was in the process of repairing an auger, being a large drill. As he was performing the maintenance work, the machine somehow turned on, causing the serious injuries to our client’s right shoulder. This man had received no training in respect of this drill, and at the time of injury there were no kill switch or electrical isolation installed on the machine. Interestingly, these were installed after the incident occurred.
This man approached the solicitors at Gerard Malouf and Partners for advice in respect of his workers compensation rights. Under workers compensation, he was entitled to weekly payments, medical treatment expenses and a lump sum claim. At the time of consultation, the insurer were covering his weekly payments and medical treatment expenses, so we undertook a lump sum claim on his behalf.
In NSW, to be successful in a lump sum claim, you must be able to satisfy two factors:
- Did the injury occur at work?
- The requirement of a whole person impairment of greater than 11%.
The first requirement was established given the insurers decision to pay our client. In respect of the second requirement, the solicitors at Gerard Malouf and Partners had this man assessed and he was given an impairment of over 15%. Based on this impairment, a lump sum claim was settled for an amount greater than $20,000.00.
As a result of receiving an impairment of 15% or greater, this man was entitled to make a Work Injury Damages claim, being a claim for negligence against his employer, suing for economic loss.
Gerard Malouf and Partners enlisted a barrister to assist with the negligence claim and a mediation was organised with the insurer’s legal representatives. On the date of mediation, the solicitors, barrister and client attended for the purpose of negotiating a result with the insurer. Eventually, the insurer made an offer which our client was pleased with, and the matter settled. Including the initial lump sum claim our client received, he was awarded in excess of $300,000.00, and was not required to make any repayments to the insurer.
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