Injured Worker Receives Over $250,000 Compensation for a Bullying & Harrassment Claim

Published 17 Apr 2018

Our client worked as a construction supervisor. His employment at this construction company caused him to develop a serious psychological condition as a result of bullying and harassment.

Over a period of time, the worker was subject to bullying and harassment type behaviour from his superiors at work. The bullying and harassment was so severe that it caused our client to sustain a serious psychological injury which lead to him not being able to work in any capacity.

He lodged a workers compensation claim and that was denied by the Workers Compensation insurer.

He then consulted the solicitors at Gerard Malouf and Partners in respect of his workers compensation rights. We commenced proceedings in the Workers Compensation Commission and overcame the liability issues in respect of a workers compensation claim, and achieved a permanent impairment rating of 15% Whole Person Impairment by an Approved Medical Specialist of the Workers Compensation Commission. 

During this period of time, he was certified totally unfit to work in her pre-injury occupation by his treating doctors.

We successfully settled a permanent impairment claim for 15% Whole Person Impairment with the Workers Compensation Insurer. Because our client’s Whole Person Impairment was agreed at 15% WPI, he became eligible to potentially bring an additional claim for Common Law Modified Damages, also known as Work Injury Damages which is a claim in negligence.

We then advised our client of a potential claim in negligence against his employer for their failure to provide a safe system of work which exposed him to severe bullying and harassment and causing a serious psychological condition.

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 then able to be successfully resolved by our solicitor and experienced barrister negotiating with the Defendant at the Mediation. Our client ultimately received over $250,000 in compensation from the workers compensation 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.