$775,000 workers compensation to a metal construction worker after he had sustained a severe back injury due to a fall at his workplace

Published 20 Feb 2018

Injuries can happen at any time during work. Sometimes it is because of a simple and unforeseeable accident and at other times due to the neglect of the employer or their employees. Injuries can occur as a result of defective machinery, tools or equipment.

For one individual the injury was caused due to a building structure defect. Very simply a hole in the ground. In this instance, our client had sustained a very serious injury during the course of his employment when he inadvertently stepped into an area of where there was a ditch in the concrete floor at his employer’s premises. This caused a severe injury to his back when it was jarred whilst he was falling over. Following this unfortunate incident, our client underwent multiple surgical procedures in repair of his injured back.

Our client continues to have aching pain in his back and the quality of his life has diminished significantly and he struggles now to participate in basic household duties. 

When such negligence on behalf of your employer is obvious, a Work Injury Damages claim (also known as a Common Law Negligent Claim) can be made against your employer. There are other criterions to satisfy but the obvious one is that it has to be shown that the employer was negligent.

In this case, we at GMP lawyers understand the injustice our clients feel when such unfortunate incidents impact their lives. In this case we provided our client advice about commencing a Work Injury Damages claim, after his workers compensation claim for lump sum benefits had finalised.

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 determined by an Approved Medical Specialist;
  2. That the injury sustained resulted from the employer’s negligence;
  3. The injury has caused an incapacity leading to economic loss

Having already attained a Whole Person Impairing rating of above 15% during his Workers Compensation proceedings coupled with the glaring omissions of safety measures by the employer, Gerard Malouf & Partners knew the potential of a Work Injury Damages.

After commencing the Work Injury Damages claim and after great effort in progressing the claim, the matter proceeded to mediation. Through contribution from us at Gerard Malouf and Partners and with the assistance of a barrister, negotiations with the insurer took place and the compensation amounts we were offering for settlement were in the very high ranges. The matter however was not resolved at Mediation as we believed our client was entitled to a significantly higher amount of compensation than what was being offered by the insurer.

We took the option of commencing proceedings and were given the opportunity for further settlement discussions to have this matter resolved and compensation paid to our client. That opportunity came in the form of an informal settlement conference. In understanding the high merits of our client’s case we exchanged offers to settle at very high ranges again and eventually it did settle.

By that time the workers compensation insurer had paid out amounts in this claim to the vicinity beyond three quarters of a million dollars.

In choosing Gerard Malouf and Partners our client knew that we would work to always achieve the best possible outcome for his claim. There’s justice and then there’s maximum justice, the difference could be your lawyer.

For assistance from Gerard Malouf & Partners  relating to a work injury or injury occurring other than work, you may contact us by phone on 1800 004 878 or complete our email enquiry form that you will find on our website.