Supermarket Employee Receives Over $450,000 in Workers Compensation for Neck Injury

Published 02 Feb 2018

Our client worked at a supermarket for over 15 years as a shop assistant. Her employment at the supermarket required constant and strenuous lifting, carrying, bending, pulling, pushing and carrying of various items.

This lead to our client developing a serious injury to her neck. Her injury was so serious it required a cervical spine fusion to be undertaken. She lodged a workers compensation claim which was accepted by the insurer.

After the surgery, our client instructed the solicitor’s at Gerard Malouf & Partners to pursue a claim for lump sum compensation. She was required to wait until her condition had stabilised after surgery.

We obtained an assessment of permanent impairment at 28% Whole Person Impairment. A claim for lump sum compensation under Section 66 of the Workers Compensation Act 1987 was made.

The insurer subsequently denied liability for this claim. We were therefore required to commence proceedings in the Workers Compensation Commission to obtain a binding assessment of Permanent Impairment by an Approved Medical Specialist.

The Approved Medical Specialist assessed our client at 28% Whole Person Impairment. That assessment by the AMS is binding upon both the Worker and the insurer. Our client was paid lump sum compensation accordingly.

Because our client was able to achieve an impairment of 15% Whole Person Impairment or more, she was eligible to bring a claim for Common Law Work Injury Damages.

We then advised our client of a potential claim in negligence against her employer for their failure to provide a safe system of work which caused her serious neck injury.

A claim for Work Injury Damages was then commenced against the employer. Our expert team here at Gerard Malouf & Partners offer a “no win, no fee” arrangement whereby our client does not have to pay any fee until there matter is successfully resolved.

We obtained expert evidence and prepared the claim in negligence against the employer. We subsequently participated in a compulsory Mediation. The matter was able to be successfully resolve by our solicitor and experienced barrister negotiating with the Defendant. Our client ultimately received over $450,000 in compensation from the insurer.

If you live in a rural, regional or remote area, do not be discouraged. Gerard Malouf and Partners can help you recover a deserved amount of compensation for your work injury.

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

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