Nurse Injured at Work due to Poorly Maintained Equipment Receives $500,000 in Damages

Published 25 Jul 2018

Our client worked as a specialist nurse in a hospital. Her employment at the hospital required her to repetitively use poorly maintained equipment on a daily basis.

On this particular day, our client was required to use a particular piece of equipment and in doing so suffered a serious injury to her cervical spine.

She lodged a workers compensation claim and was working on restricted duties. She was under the care of a number of specialists for her injuries and was required to undergo various treatment options. Ultimately, she was required to undergo a spinal fusion on her neck.

She was subsequently certified totally unfit to work in her pre-injury occupation by her treating doctors. Because of her inability to work, she was unable to practice as a nurse and her registration was suspended.

We successfully settled a permanent impairment claim for 27% Whole Person Impairment with the Workers Compensation Insurer. Because our client’s Whole Person Impairment was agreed at over 15% WPI, she becomes 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 her employer for their failure to provide a safe system of work which caused repetitively strain injury to her neck causing a serious incapacity to work.

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 $500,000 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.