Injured worker succeeds in liability case against workers compensation insurer

Published 21 Dec 2016

Our client was employed as a carer for a nursing home in Northern NSW. Due to the nature of her strenuous work whilst caring for patients, she developed an onset of pain in her hand.

She reported an injury to her employer and a workers compensation claim was made. She then underwent several surgeries on her wrist and hand which provided very little relief.

Further surgery was then recommended by our clients treating specialist to resolve these symptoms. She was referred for an independent medical examination by the workers compensation insurer.

The doctor opined that the condition in her wrist and hand was no longer as a result of her workplace incident, therefore the insurer denied liability for our clients claim and ceased all entitlements to weekly compensation benefits as well as all reasonable and necessary medical expenses, including the proposed surgery.

Our client then contacted the solicitors at Gerard Malouf and Partners seeking advice to challenge the insurer’s decision.

With the assistance of a medical expert, and an expert barrister, a claim was pursued against the workers compensation insurer’s decision to decline liability for this claim.

The matter could not be resolved in preliminary stages, therefore an Application was filed in the Workers Compensation Commission to resolve the disputes.

The matter was required to be heard in a formal Arbitration hearing before an Arbitrator of the Workers Compensation Commission to decide on liability issues in dispute.

The findings of the Arbitrator were in favour of our client. She was successfully awarded her weekly compensation payments at the maximum rate of entitlement, and all medical expenses which were claimed including the proposed surgery.

This is yet another example of the solicitors at Gerard Malouf and Partners fighting for injured workers rights against insurance companies.

Have you suffered a work place injury? Do you know someone who has?

We fight for your rights and our expert team are devoted to obtaining the best possible result in your claim.

Contact Gerard Malouf and partners on 1800-004-878 for a complementary free consultation for an expert lawyer to assess your legal rights and provide you with free advice.