Injured finance worker succeeds in a further deterioration claim against her employer

Published 16 Jan 2018

Our client was employed in a finance company when she sustained a back injury in the process of moving some equipment at work. The injury has left our client with limited movement and often experiences significants pain in the lower back region.

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).

In the abovementioned points, our client in fact received these entitlements following her claim had been settled previously. However, our client approached the team at Gerard Malouf and Partners in order to pursue a further deterioration claim for her injury. A further deterioration claim is available to injured workers if their injury has significantly deteriorated since their previous lump sum compensation claim.

It is important to remember however, due to legislative changes, an injured worker is only entitled to a further deterioration claim if their previous lump sum claim was made prior to 19 June 2012. Had our client’s initial claim taken place after this particular date, according to the legislation, she would not be allowed to pursue a further deterioration claim.

In taking the usual steps, we were able to get funding approved by the Workers Compensation Independent Review Office (WIRO) and thus immediately proceed to have our client assessed by an appropriate medical specialist to comment on our client’s further impairment rating. A claim for top up compensation can only be made by a lawyer who is WIRO approved. Here at Gerard Malouf and Partners, we have a team of expert workers compensation solicitors who are WIRO approved and can act on your behalf in a claim for top up compensation.

Having been assessed with a relatively high impairment, we then served this report on to the insurer. The insurer accepted our offer and our client was awarded a further $25,000 in addition to the compensation our client had already received in her previous settlement.

The solicitors of Gerald Malouf and Partners worked tirelessly on behalf of our client to prove that our client deserved the maximum justice she was entitled to. This is the type of service we provide to all our clients as we will work hard irrespective of the time it takes to ensure that our clients always receive the maximum justice they deserve.

Have you had a compensation claim which settled prior to 19 June 2012? Have your symptoms deteriorated since your previous compensation payment? Give Gerard Malouf and Partners a call to arrange a conference with one of our expertly trained solicitors who can provide you free advice in relation to your compensation entitlements.