NSW public servant awarded over $300,000 under common law proceedings

Published 14 Feb 2018

Our client was employed as an employee in the NSW public sector and during the course of his employment had developed a psychological condition that had derailed the quality of life significantly. After receiving instructions to act for this client, we at Gerald Malouf and Partners immediately proceeded with a Work Injury Damages claim (Common Law negligent claim) against the employer. 

Many injured workers in NSW are actually unware that such a claim exists and simply accept that the statutory entitlements under the Workers Compensation Scheme are their only remedies/compensation. However, here at Gerard Malouf and Partners we endeavour to pursue a matter to its absolute potential. When this gentleman had instructed us to act for him, he had already received his statutory entitlements being payments for medical expenses, weekly compensation and a lump sum benefit claim.

We then looked at further options for him and a Work Injury damages claim was an obvious one. This client had not been advised of this potential entitlement following the conclusion of his lump sum claim.

In order to be eligible to claim and succeed in a Work Injury Damages, the following criterion must be satisfied:

  1. A permanent impairment threshold of at least 15% is attained , which is either agreed by the insurer or determine by an Approved Medical Specialist;
  2. That the injury sustained resulted from the employer’s negligence;
  3. The injury caused an incapacity leading to economic loss.

Our client had already being assessed well over the 15% whole person impairment threshold when finalising his lump sum claim. This meant our client was qualified to bring a Work Injury Damages Claim. A Work Injury Damages claim allowed our client to make a claim for damages (compensation) for his economic loss, that is, economic loss that had occurred as a result of the injury/illness.

As we usually do at Gerard Malouf and Partners we pressed on with negotiations which included a mediation, an informal settlement conference and then final discussions at a court hearing for the claim. Having persevered, we were able to reach a level of compensation which had absolutely maximised our client’s entitlements.

Had our client not engaged us at Gerard Malouf and Partners he may never have known of the full potential of his claim. After engaging us at GMP Lawyers, not only did he become aware of the claim’s full potential, he also achieved the claim’s full potential.