Over half a million dollars compensation for injury to Office worker/Call centre Operator due to Nature and Conditions of her Work
Published 19 Jun 2017
Our client developed an injury due to the repetitive nature of her work allowing her to make a claim due to the nature and conditions of her employment as a call centre operator.
Her employment required her to take a high volume of calls throughout each day and she was required to manually record the details of each call in a computer system. She was hardworking and put in long hours for the job she loved doing. However, she was not given sufficient breaks for the amount of work and type of work she was required to do repetitively and as a consequence she developed severe injuries to both of her hands.
Her injury got so bad that she was physically unable to continue working in her employment at the call centre. Understandably, our client was concerned about how she would cope financially with not being able to work. Upon contacting us Gerard Malouf and Partners for legal assistance, we provided her with advice of what her entitlements and options were under the New South Wales workers compensation system.
Having taken instructions to act for this lady, GMP managed to run successful claims for her, not only for Workers Compensation entitlements, but also for a Work Injury Damages claim (also known as a Common Law Negligence Claim).
In order to be eligible to claim and succeed in a work injury damages, the following criterion must be satisfied:
- A permanent impairment threshold of at least 15 % is attained, which is either agreed by the insurer or determine by an Approved Medical Specialist;
- That the injury sustained resulted from the employer’s negligence;
- The injury has caused an incapacity leading to economic loss
This individual had concluded a lump sum claim in 2010 and at that time her impairment rating had not satisfied the necessary threshold of 15% Whole Person Impairment (WPI). We were fortunate enough to be able to pursue a further deterioration claim for her injury. It is with the further deterioration claim that assisted her in reaching the 15%WPI threshold. Having reached that threshold, we were able to commence a Work Injury Damages claim.
A Work Injury Damages claim allowed our client to make a claim for her economic loss, both past and future. At Gerard Malouf and Partners we prepared the case meticulously for this client. This involved gathering evidence to prove that our client’s employer was negligent through a forensic liability report and medical evidence addressing reduced work capacity.
What seemed to be a minor injury turned to be a significant one for our client and so was the overall payments made by the insurer. Total compensation paid to and on behalf of our client for medical expenses, rehabilitation, weekly compensation, lump sums for pain & suffering and damages was in excess of $500,000.00.