Injured worker receives over $350,000 through a commutation agreement
Published 09 Dec 2016
Our client sustained severe injuries during the course of his employment when he fell off a ladder at a two storey residence. As a result of this fall, he has been unable to return to work in any capacity.
He was self-employed at the time and claimed the workers compensation benefits from his own insurance policy. A lump sum compensation claim was made whereby he achieved a 29% Whole Person Impairment in 2011. He then made a further claim for a further 3% Whole Person Impairment in 2013.
He was paid out all his permanent impairment entitlements and continued to receive weekly compensation payments and medical expenses. Due to the legislative amendments of 2012, and the amendments that followed, our client was categorised as a worker of “highest needs”, and as previously known as a seriously injury worker.
In order to meet the criteria of a seriously injured worker, or worker of highest needs, one must obtain a permanent impairment rating of 31% Whole Person Impairment or more.
Our client was able to achieve this due to the severe injuries which he had sustained as a result of the workplace incident. Because he was self-employed at the time of the injury, he was unable to pursue a claim in negligence against himself.
He was then advised by solicitors at Gerard Malouf and Partners to pursue a Commutation claim whereby his statutory benefits would be paid out to him in a lump sum payment.
The expert solicitors at Gerard Malouf and Partners commenced negotiations with the workers compensation insurer and Icare.
We were able to achieve a successful resolution of this commutation benefits for over $350,000.00 for future benefits. This was clear of all payments he had already received. This matter was funded by WIRO (WorkCover Independent Review Office). There were no costs payable by our client.
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