Teacher receives over $25,000 payout for knee injury

Published 29 Aug 2018

Our client was employed as a teacher with the Department of Education and Training. Unfortunately she suffered injury to her knee as a result of tripping over an object that was placed in an obscure location within the classroom. Our client did not see the object, and tripped over the object, whilst on her way to the front of the classroom.

The injury to our client’s knee was so severe that she eventually underwent a knee replacement, which was paid for by the workers compensation insurer.

Our client was also reimbursed for her time off work after the surgery.

Fortunately, the workers compensation insurer accepted liability for the claim and compensated our client for her weekly wage entitlements as well as her medical expenses.

Despite feeling a significant improvement in her pain symptoms, our client called Gerard Malouf and Partners to find out whether she would be entitled to any further compensation, arising out of her workplace fall.

Under the Workers Compensation Scheme, if you are injured at work you are entitled to three main forms of compensation:

  1. Compensation for medical expenses incurred as a result of the work related injury and related travel expenses;
  2. Weekly payments as a result of your incapacity to work; and
  3. A lump sum payment for your Permanent Impairment, if you satisfy the necessary threshold of 11% Whole Person Impairment (WPI).

We advised our client that she would be entitled to a lump sum compensation if her injuries were assessed by a Workover approved medico-legal doctor to be 11% Whole Person Impairment or greater.

Our client then attended our office for a free legal consultation to discuss the steps and processes involved in making a workers compensation claim. Following the initial consultation, we arranged for our client to be examined by a medico-legal doctor who opined that our client suffered a Whole Person Impairment of 17%. We then served the medical report on the insurer and requested that they compensate our client in relation to her permanent injury.

The workers compensation insurer then arranged their own assessment with our client, and following that, responded to our firm with a counter offer, which our client accepted.

Our client received over $25,000 for her knee injury, in addition to her weekly and medical expenses, which the insurer had continued to pay for.

Here at Gerard Malouf and Partners, we have a team of compensation experts who can provide you with free legal advice regarding your workplace injury, either over the phone, or at one of our conveniently located office throughout New South Wales

If you have been injured in a workplace accident, you may be entitled to a lump sum compensation pay out. Call Gerard Malouf and Partners, the compensation experts on 1800 004 878 to discuss your workers compensation entitlements.