Injured worker compensated for physical injury sustained during the course of her employment

Published 12 Jan 2018

Our client was employed in the retail fashion industry when she injured herself during the course of her employment. Our client suffered a terrible fall from a ladder, resulting in our client sustaining injuries to her back and both knees.  Our client following the incident sustained multiple injuries. This has had significant ramifications on our client’s financial wellbeing and social life.

We at Gerard Malouf and Partners understand that a workplace is meant to be safe and when we are made aware of a situation whereby an injured worker has sustained an injury due to an unsafe working environment, we act tirelessly to ensure our client receives the maximum amount of compensation available.  

Under the Workers Compensation Scheme, if you are injured at work you are entitled to three main forms of compensation:

  1. Compensation for medical expenses incurred as a result of the work related injury and related travel expenses;
  2. Weekly payments as a result of your incapacity to work; and
  3. A lump sum payment for your Permanent Impairment, if you satisfy the necessary threshold of 11% Whole Person Impairment (WPI).

At the time that our client instructed Gerard and Malouf and Partners, she had been receiving her statutory workers compensation entitlements including weekly compensation payments and medical expenses.

It was only due to a phone call to our expert team of solicitors that she found out that she was also entitled to lump sum compensation in relation to her workplace injury.

We knew the prospects of this case were high and hence proceeded to immediately submit an Application to the Workers Compensation Independent Review Office (WIRO) in order to seek funding for the matter. WIRO approved funding, means they agree to pay for all medical reports and clinical records the lawyers require, as well as paying for all professional fees.

Once we obtained WIRO funding, the Blacktown office team at Gerard Malouf and Partners organised our client to be assessed by a medical specialist to comment on Whole Person Impairment. As expected, our client reached a WPI rating well over the 11% threshold.

After an exchange of offers between the parties, our client accepted an offer from the workers compensation insurer that resulted in her being awarded well over $40,000 for her permanent impairment and in turn avoid the extended process of having the matter be determined by the Workers Compensation Commission. The team at Gerard Malouf and Partners built our client’s case articulately, which allowed our client to always be on the front foot during negotiations.

Our client placed her trust in Gerard Malouf and Partners for her Workers Compensation entitlements. Outstanding results were achieved for this client and thus has presented her with the opportunity to move forward with her life.