Injured Panel Beater Receives over $400,000 in Damages for an Injury 20 years ago

Published 26 Jul 2018

Our client worked as an apprentice Panel Beater. His employment required him to repetitively bend, squat, push and pull machinery and equipment in an unsafe manner.

As a result of the repetitive work our client was required to do, he sustained a very serious injury to his knee in 1997.

He lodged a workers compensation claim and was working on restricted duties. He was under the care of a number of specialists for his injuries and was required to undergo various treatment options including operations. Ultimately, he was required to undergo a total knee replacement.

He was subsequently certified totally unfit to work in his pre-injury occupation by his treating doctors. Because of his inability to work as a panel beater, our client was very restricted to the type of work he is able to complete.

We successfully settled a permanent impairment claim for 19% 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 his employer for their failure to provide a safe system of work which caused repetitively strain injury to his knee 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 $400,000 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.