Lump Sum Compensation for Construction Supervisor due to Psychological Injury

Published 06 Feb 2018

Our client worked as a construction supervisor for seven years. Over the period of his employment, he was exposed to various incidents of bullying and harassment by his superiors and colleagues, including verbal abuse.

Our client also suffered a physical injury to his knee during his employment, which lead to further bullying and harassment by his employer.

As a result of the bullying and harassment, our client’s social life and work life were severely affected. He was no longer able to enjoy partaking in recreational activities following his injury. He was also unable to gain any further employment following his injury.

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 and related travel expenses;
  2. Weekly payments for a set period while you are unable to work; and
  3. A lump sum payment for your Permanent Impairment.

The claim was declined by the Workers compensation insurer.

Following this, our client instructed our office to pursue a claim for weekly compensation benefits, reasonable and necessary medical expenses and lump sum compensation for permanent impairment.

Here at Gerard Malouf and Partners, we have a fast tracked claim management system in place which allows us to rapidly prepare matters and file them in the Workers Compensation Commission for Determination.

We had our client was assessed as 17% Whole Person Impairment (WPI) for his psychological injuries by a qualified psychiatrist.

The matter was then filed in the Workers Compensation Commission. It was subsequently referred for a Conciliation/Arbitration conference where the insurer agreed to refer the lump sum compensation claim for assessment of permanent impairment was referred to an Approved Medical Specialist appointed by the Workers Compensation Commission.

Our client was assessed at 14% WPI by the Approved Medical Specialist.

In NSW you are required to achieve atleast 15% WPI to be entitled to any lump sum compensation for a psychiatric injury.

The solicitor at Gerard Malouf and Partners was of the view that the Approved Medical Specialist made an error in his assessment of permanent impairment and sought the advice of an experienced barrister. We subsequently filed an Appeal of the Medical Assessment Certificate and were successful in having the impairment level increased to 15% WPI.

In New South Wales, if a worker is assessed as having 15% Whole Person Impairment or higher, you are entitled to bring a claim for Work Injury Damages if you are able to prove that your injuries stemmed from your employers negligence.

We now have our client’s instructions to bring a claim for Modified damages in Common Law, also referred to as Work Injury Damages claim, against his employer for negligence for their failure to provide him with the adequate duty of care for an employee within any workplace.

Have you been subject to bullying and harassment in the workplace? Do you have a friend or family member who is being bullied or harassed at work?

If your claim has been denied by a Workers Compensation Insurer, don’t wait. Seek free legal advice from an experienced team of solicitors about your rights.

Feel free to contact the friendly team at 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.