Wollongong man receives hefty settlement after the nature and conditions of his employment resulted in a back injury
Published 04 May 2016
Our client received a large settlement figure after his employment as an electrical trade’s assistant lead to a serious back injury. This man’s duties were very heavy and strenuous, and it involved a lot of lifting and physical activity. Over the course of several months, our client developed pain in his back until it got to a point where he could no longer perform his employment.
Sometime after the work injury, this man contacted the solicitors at Gerard Malouf and Partners for a free consultation. After preliminary advice, he decided he wanted us to represent him in his Workers Compensation claim.
After having this man assessed by our medico-legal expert, he was given a whole person impairment of 17%. Given the nature of his impairment, he was entitled to a lump sum claim, and he would also be entitled to a Work Injury Damages claim following the finalisation of the lump sum claim.
It is important to note the following:
- 11% whole person impairment is the minimum requirement for a lump sum claim.
- 15% whole person impairment is the minimum requirement for a Work Injury Damages claim, also known as a common law claim.
After putting a lump sum claim in for his impairment, this client settled his claim for over $45,000.00, and then commenced a Work Injury Damages claim.
A Work Injury Damages claim is a claim for negligence against one’s employer. If successful, it allows you to make a claim for economic loss, both past and future.
After commencing the claim, the solicitors at Gerard Malouf and Partners enlisted the assistance of a barrister and worked towards a mediation with the insurer. The purpose of a mediation is a chance for solicitors, barrister and client to negotiate a resolution with the insurer and their legal representative.
At mediation, after a lengthy negotiation, the insurer offered an amount which our client was happy to accept. Furthermore, with this amount came an agreement whereby our client did not have to pay back any monies previously received from the insurer. Combining this successful result with the previous lump sum award, our client received upwards of $300,000.00 in compensation.
Not all injuries can be attributed to one specific date and often times, it is the repetitive nature of employment that can lead to serious injuries.
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