NSW public servant awarded over $400,000 under common law proceedings after sustaining a psychological injury during the course of her employment

Published 15 Jan 2018

Our client was employed as a public servant at the time of her injury. She developed a psychological illness during the course of her employment due to the nature and conditions of her work. Unfortunately due to the emotional constraints of her job, her psychological illness affected the quality and comfort of our client’s life significantly. She was subsequently unable to work as a result of the injury.

After receiving instructions to act for this client, we at Gerald Malouf and Partners immediately proceeded to make a common law claim negligence claim (also known as Work Injury Damages claim) against our client’s employer.

There are a great deal of injured workers who are not aware of their rights to make a common law negligence claim against their employer. As a result, many workers simply accept their statutory workers compensation benefits, including a weekly payment and medical expenses, and do not pursue their common law right to damages.

Gerard Malouf and Partners are experts in personal injury law and it is our aim to maximise your compensation potential, beyond your statutory right to medical and weekly expenses. At the time our client instructed Gerard Malouf and Partners, she had exhausted all her statutory entitlements under the workers compensation legislation, and we then pursued a claim for common law negligence on her behalf.

This type of action entitled an injured worker the opportunity to make a claim for economic loss, both past and future. It is only available to those who have established a permanent impairment of at least 15%, as had occurred in this situation. Following the traumatic experiences our client was subjected to during her employment, we knew the merits of our client’s case were quite high and hence we were confident we could achieve the maximum justice our client was entitled to.

After much work in progressing the claim, the matter proceeded to mediation, whereby the solicitors of Gerard Malouf and Partners with the assistance of a barrister, began negotiations with the insurer. In presenting a formidable case against the insurer, the matter was able to be settled before proceeding to other forms of dispute resolutions such as an informal settlement conference or the high expenses of a court hearing. The claim settled for over $400,000, an amount that exceeded the average offers generally put forward at a Mediation.

This was a very pleasing result for our client who is now able move forward with her life with a sense of security, knowing justice was well and truly achieved. Here at Gerald Malouf and Partners we had worked tirelessly to place ourselves in the best position to settle the claim at the very maximum amount. Great preparation placed us in a great position to ensure a great outcome.