Hard working gentleman from the NSW Riverina region receives compensation for work injury
Published 18 Aug 2016
At Gerard Malouf & Partners Compensation Lawyers, we have many clients from the NSW Riverina region and what we do know about people from that area is that they are very hard working and quite resilient.
For this one particular client, he had carried on with heavy and repetitive work despite a number of surgical procedures involving shoulder re-constructions.
He had sustained significant work injuries to both of his shoulders over ten years ago. His work was heavy in nature and that continued to be the case even following his injury. Our client continued in his career as a steel fixer, all the way through to retiring age without self-preservation.
This injured worker had minimal time off work despite the severities of his injuries, which was a credit to his strong will. He did not allow the injury to stop him from performing his normal duties and this was the case throughout the past 10 years of employment.
His injuries were significant enough to allow him a very good lump sum claim for his impairment, as he had a relatively high impairment rating, which is not common in shoulder injuries. However, his shoulder injuries were significant enough to attract an impairment rating over 15% whole person impairment.
After receiving a reasonable amount for lump sum benefits relating to his impairment, we took the opportunity to commence a work injury damages claim for our client. Unlike most other personal injury type claims, the only damages that can be claimed in a common law negligent claims is economic loss.
The claim itself was not particularly strong with regards to economic loss as our client was successful in returning to full duties and for the short period he had off work following surgery, he received close to his pre-injury earnings by way of weekly compensation payments. His employer also assisted him throughout the difficult periods following surgery which meant that our client was not really out of pocket with regards to earnings.
Eventually, the work injury damages matter came to a head at mediation and the insurer had placed a reasonable offer for settlement. Our client accepted.
What had concluded for our client was a total payout figure of approximately $85,000.00 in tax free benefits, both in relation to his lump sum impairment and his common law negligent claim.
In this personal injury claim we understood very well at Gerard Malouf & Partners as to what the problem and limitations were. The problem and limitation related to proving with sound evidence that there was economic loss. Despite these points of concerns, we still preserved with confidence at GMP lawyers to reap the maximum compensation for our client. With perseverance, experience and knowledge in the process, we endeavoured to settle the claim at mediation and did so successfully.
As it has been for our client and as it always is at Gerard Malouf & Partners, hard work does pay off.