Workplace Injury Entitles Retail Worker to Over $655,000 in Compensation

During the course of his employment, our client was tasked with the duty of manually unloading a stock truck with his fellow co-workers. The system involved one staff member standing on top of a truck who dropped the packages about 1 metre below the truck into the arms of the other staff member. When our client had the stock dropped to him, the weight of the stock pushed our client backward, causing him to slip and fall to the ground and suffer a serious injury to his right shoulder.

Fed up with the pain and wanting to know his legal rights, our client contacted Gerard Malouf and Partners and sought the assistance of an experienced Workers Compensation Solicitor. Upon our initial conference with the client, it was clear that our client needed assistance in order to achieve his maximum rights to justice.

A claim for statutory benefits was lodged through the worker’s compensation insurer and liability was subsequently accepted. This entitled our client to receive weekly compensation and medical benefits. Given the significant nature of our client’s injuries, the expenses totaled around $380,000.00 and included the cost of two operations, associated hospital and rehabilitation expenses. We supported our client through his treatment and ensured that he always knew where he stood.

Once our client’s injury had reached a point of maximum medical improvement, we were then able to pursue a lump sum claim for compensation. We sought the assistance of an accredited medico-legal assessor who assessed our client for Whole Person Impairment. After our investigations, we asked the medico-legal assessor to provide an assessment not only for the initial injured right shoulder but also for his left shoulder. The reason for this was we had discovered that there was a further injury caused to our client’s left shoulder as a result of over-use after the accident. This is known as a ‘consequential injury’. The accredited assessor found our client to have an impairment rating of greater than 16% whole person impairment (WPI%). This entitled our client to receive an initial amount of lump-sum compensation of around $23,600.00.

Given our client’s impairment was 15% or greater, we lodged a further lump sum claim through the worker’s compensation insurer for common law proceedings, or Work Injury Damages (WID). This is what is commonly known as a negligence claim. The negligence in this matter was that over time the employer consistently failed to provide adequate resources, undertake risk assessments, and devise a safe system of work for its employees.

We obtained expert evidence and sought the advice of an experienced barrister to collate all the required information for our claim and successfully prepared our client’s matter for mediation. We then attended the Workers Compensation Commission alongside our client for the compulsory mediation with the defendant. Throughout this process, we successfully managed to negotiate a settlement ensuring our client will receive over $250,000.00 cleared in his account.

Our expert team here at Gerard Malouf & Partners offer a “no win, no fee” arrangement where the client does not have to pay any fees until their matter is successfully resolved.

Have you suffered a workplace 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.

Our client was employed as a carpenter. He sustained a physical injury at a construction worksite after being on the job as a carpenter for six months. On the date of the injury, the client was working on the second basement level of the car park of the building site, having been involved for several weeks prior in the construction of formwork to lay concrete in the car parks. On that day, the Plaintiff stepped away from the edge board of a deck which he had constructed and stepped onto an unsecured piece of plywood which was, unbeknownst to the client, covering a hole. As a result, he fell into the hole with his right arm outstretched, causing injury to his right shoulder and neck.

The client had a tear injury on his right shoulder and underwent surgery. The client has not been able to perform his pre-injury employment duties since the date of injury. He has persistent impairment in his shoulder and neck. He had attended physiotherapy and physical rehabilitation however, these impairments are permanent.

We then advised our client of a potential claim in negligence against the head contractor/builder and formwork company for their failure to provide a safe system of work which caused a serious injury resulting in an inability to work. Due to the negligence of a third party, this was a public liability case.

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 their matter is successfully resolved.

We obtained expert evidence and prepared the claim in negligence against the two parties responsible. The matter was then successfully settled by our senior solicitor and experienced barrister. Our client ultimately received $900,000 in compensation from both defendants.

Have you suffered a workplace injury? Or do you know someone who has?
Contact Gerard Malouf and Partners on 1800 004 878 for a free consultation to assess your legal rights and to provide you with free advice

In any workplace, an employer needs to guard their employees against all foreseeable safety hazards and risks. They are required to provide their employees with adequate resources and a safe work environment, as they are accountable if there is a failure to do so. 

Not knowing where he stood, our client came to us after an unfortunate incident at his workplace which resulted in significant burns. A spark from a factory furnace went down our client’s glove causing him to let go of a pot of molten metal and spilled it down his work boot. Our client suffered severe burns to his left lower leg, ankle, and foot. 

A claim for statutory benefits was lodged through the worker’s compensation insurer and liability was subsequently accepted. This entitled our client to receive weekly compensation and medical benefits, such as the cost of rehabilitation and the associated hospital expenses. 

Following the usual procedure, we then finalised a claim for lump sum benefits in our client’s workers compensation claim. Having established an impairment rating that satisfied the threshold of 15% whole person impairment, our client was able to receive a lump sum amount in compensation for his impairment under his worker’s compensation statutory rights. He was also permitted to investigate a Work Injury damages Claim (Common Law Negligent Claim) following that. 

We were confident that we would be able to fight for justice and succeed in a Work Injury damages Claim for our client as a result of the employer’s failure to meet reasonable safety standards. Throughout the process there were several offers made to our client by the defendant, however, these were manifestly too low, and we advised our client accordingly. After much negotiation and perseverance, we were able to help our client settle his Work Injury Damages claim and prevent any further costs associated with court proceedings. The settlement amount our client received was a satisfying one that can now be used to help him move forward with his life. 

Our expert team here at Gerard Malouf & Partners offer a “no win, no fee” arrangement where the client does not have to pay any fees until their matter is successfully resolved.

Have you suffered a workplace injury? Or do you know someone who has?

Contact Gerard Malouf and Partners on 1800 004 878 for a complimentary consultation to assess your legal rights and to provide you with free advice.

Our client was employed as a clerk in a transport company. Her duties involved undertaking data entry, proof-reading, re-checking registration details, checking products, client details, and other complex information. Our client did not take any morning tea or regular lunch breaks due to being overloaded with work. 

On the date of the injury, our client was severely psychologically injured as a result of being exposed to unjustified criticism and unreasonable, overly strict, and hypervigilant behaviour by her manager over several months. The Plaintiff found this behaviour highly intimidating and began to become anxious. Due to not taking breaks at the exact time that was specified, the employer advised our client that they were going to give her a formal warning letter. As a result of the severe psychological injury caused by the employer’s behaviour, our client was unable to return to work. 

Our client has not been able to perform her pre-injury employment duties since the date of injury. It is unlikely that the Plaintiff will ever be able to return to work due to her injuries. 

We successfully settled a permanent impairment claim for 16% Whole Person Impairment. Because our client’s Whole Person Impairment was agreed at over 15% WPI, she 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 obtained expert evidence and prepared the claim in negligence against the employer. We subsequently participated in a compulsory Mediation. The matter was successfully resolved by our senior solicitor and experienced barrister negotiating with the Defendant at the Mediation. Our client ultimately received over $500,000.00 in compensation from the worker’s compensation insurer.

Have you suffered a workplace injury? Or do you know someone who has?

Contact Gerard Malouf and Partners on 1800 004 878 for a complimentary free consultation to assess your legal rights and to provide free advice. 

Our client was employed as a general hand and forklift driver. His duties involved heavy labouring functions. He was required to repetitively lift and carry various car parts, including radiators, batteries as well as quantities of copper and brass. These tasks involved a great deal of lifting, bending, pushing, and moving equipment. On many occasions, the car parts he would be lifting would be in excess of 20kg, and as a result, he suffered injuries.

On the date of the injury, after driving the forklift for about 2-3 hours he developed significant pain. As a result of the nature and conditions of his employment, he sustained injuries to his right and left shoulder, cervical spine and developed consequential psychological conditions.

The client underwent arthroscopic surgery on his left shoulder and had injections in his left and right shoulder. He also underwent manipulation surgery and required physiotherapy.

The Plaintiff has not been able to perform his pre-injury employment duties since the date of injury. He was advised he was in no capacity to return to employment.

We successfully settled a permanent impairment claim for 28% Whole Person Impairment. Because our client’s Whole Person Impairment was agreed at over 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 caused a serious injury resulting in an inability to work.

A claim for Work Injury Damages was then commenced against the employer. Our team of experts here at Gerard Malouf & Partners offer a “no win, no fee” arrangement whereby our client does not have to pay any fee until their 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 successfully resolved by our solicitor and experienced barrister negotiating with the Defendant at the Mediation. Our client ultimately received over $700,000 in compensation from the worker’s compensation insurer.

Have you suffered a workplace injury? Or do you know someone who has?

Contact Gerard Malouf and Partners on 1800 004 878 for a complimentary free consultation to assess your legal rights and to provide you with free advice.

Our client was employed as a glass fitter. The duties involved lifting and carrying glass panels weighing more than 25kg, loading and unloading stock including glass sheets, and placing and fixing glass panels. The client had limited breaks at work, had no variation or rotation of duties, and had limited assistance or lifting aid.

The client’s work resulted in anatomical changes through cumulative trauma to his cervical spine and lumbar spine. This is otherwise commonly referred to as injury sustained due to repetitive lifting or the nature and conditions of employment.

The Plaintiff underwent spinal surgery to both his lumbar and cervical spine due to radiating pain in his upper and lower limbs. His neck, right shoulder, and right elbow were in pain too.  The Plaintiff subsequently required psychological sessions as the injury took a toll on his mental health.

He has not been able to perform his pre-injury employment duties since he was injured. He was certified as having no capacity to return to employment.

We successfully settled a permanent impairment claim for 25% Whole Person Impairment. Because our client’s Whole Person Impairment was agreed at over 15% WPI, he 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 a serious injury resulting in being unable 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 their matter is successfully resolved.

We obtained expert evidence and prepared the claim in negligence against the employer. The matter was successfully settled by our solicitor and experienced barrister. Our client ultimately received $900,000 in compensation from the worker’s compensation insurer.

Have you suffered a workplace injury? Or do you know someone who has?

Contact Gerard Malouf and Partners on 1800 004 878 for a free consultation to assess your legal rights and to provide you with free advice.

Employed as a registration clerk, our client experienced severe bullying and harassment during her time at work. As a result of the ongoing bullying and harassment, our client suffered severe psychological injuries and submitted a claim with the workers’ compensation insurer. Our client contacted Gerard Malouf and Partners to commence a lump sum claim.

We organized our client to be assessed by one of our medico-legal doctors and were able to obtain from our client the clinical notes/medical records from all her treating doctors. Once received, our office carefully reviewed this material to ensure our client’s assessment of her injuries were both accurate and investigated in-depth.

Once our office obtained the necessary evidence, we were able to file the matter to the Workers Compensation Commission and have the matter referred to an Approved Medical Specialist.

The insurer is trying to prevent our client from receiving any lump sum compensation, raised the argument that the injuries were due to a previous history of psychological problems. As we had constructed our client’s case in a clear and precise manner, the Approved Medical Specialist ultimately ruled that our client suffered from 17% Whole Person Impairment and that this impairment rating is work-related.

This was a wonderful result for our client as not only did she receive lump sum compensation but as she was assessed above 15% Whole Person Impairment, she is now pursuing with our firm a Work Injury Damages claim (negligence claim) against her employer.

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 workplace injury? Or do you know someone who has?

Contact Gerard Malouf and Partners on 1800 004 878 for a complimentary free consultation to assess your legal rights and to provide you with free advice.

Initially harassed outside of the workplace by a co-worker, our client then experienced harassment and bullying during work hours. As a result, our client suffered severe psychological injuries which led to him not being able to work in any capacity. We worked with our client to reinstate workers compensation entitlements.

A claim to receive workers compensation entitlements was lodged, however this was denied by the insurer who issued a Section 78 notice.

The Section 78 notice alleged that the workplace injury did not take place during the course of employment, rather it was a result of an incident that took place outside of work and therefore was not work related.

As a result of this notice, our client now was unable to receive weekly benefits from the insurer nor was he entitled have his medical treatment/expenses covered by the insurer.

Our client subsequently contacted Gerard Malouf and Partners with the intent to reinstate workers compensation rights. We understood from the outset that in order to overturn the insurers decision, it was required that we carefully considered the evidence before us in order to build a case that would ultimately prove too strong for the insurer to continue denying liability for our clients claim.

We obtained reports from our clients GP and treating doctors to support that employment was the main contributing factor to our client’s injuries and that our client was not able to return to any form of employment since the injury occurred.

We subsequently filed an Application to Resolve a Dispute in the Workers Compensation Commission. We successfully reinstated weekly compensation benefits for our client. Our client was paid back to his first day of incapacity. As our evidence was very supportive, the insurer also approved to pay for any reasonable and necessary medical treatment. His claim is now fully accepted by the insurer and continues to receive his workers compensation benefits.

This was a very pleasing result for our client who is now able move forward with his life with a sense of security, knowing justice was well and truly achieved. Here at Gerald Malouf and Partners we had worked tirelessly to place ourselves in the best position to ensure the insurer would overturn their decision to deny paying our client his weekly benefits and medical expenses. Great preparation placed us in a great position to ensure a great outcome.

The Workers Compensation system is designed to assist injured workers and facilitate their return to work. In addition, the system allows workers with Whole Person Impairments above 11% to make a claim for lump sum compensation.

Like many others, our client was drained from conflict with his insurer, and wasn’t given the help he needed. Not knowing where he stood, our client sought our expert assistance and asked whether he had any entitlements to compensation.

Our client stated that he had injured his knee while walking down the stairs of the bus while working. At first it seemed like a minor injury, but it developed into a major one, which required a full knee replacement. Our client continued his tussle with the insurer in relation to who was to pay for the replacement, but given the severity and necessity of the surgery, was forced to go ahead with the procedure under the public system. It was at this point that he approached Gerard Malouf and Partners for help to seek a lump sum claim for compensation based on his impairment.

When our client’s condition had stabilised, we had him assessed by a doctor who provided a Whole Person Impairment above 11%. A claim was subsequently lodged for the insurer to grant our client lump sum compensation for his injuries.

As often happens, the insurer denied the claim for compensation and provided various medical evidence stating the injury was not in fact work related.

Following the news that the claim was denied, we immediately started preparing all the required evidence to succeed at the Commission. We knew the insurer would put up a fight, however, we were confident that our expert evidence and innumerable experience in Workers Compensation would enable us to succeed in this instance and achieve maximum justice for our client.

Throughout the process, we continued to apply pressure on the insurer and made sure our evidence was appropriate and convincing. On the day of the Commission proceedings, after all necessary evidence was lodged, we received a call from the insurer. During the call, we negotiated with the insurer, and based on our efforts the insurer agreed to pay a lump sum compensation to our client.

Our team of experts here at Gerard Malouf & Partners offer a “no win, no fee” arrangement where a client does not have to pay any fees until their matter has been resolved.

Have you suffered a workplace injury? Or do you know anyone who has?

Contact Gerard Malouf and Partners on 1800 004 878 for a complementary consultation to assess your legal rights and provide you with the right advice.

In this case, our client was employed as a Secondary School Teacher with the Department of Education. Following incidences of workplace bullying and harassment, she experienced symptoms of severe anxiety and depression ultimately leading to the cessation of all employment in 2015.

In addition to anxiety and depression, our client suffered from agoraphobia, memory impairment, frequent nightmares, had difficulty concentrating and making decisions. She was also subsequently diagnosed with secondary conditions including SLE, cerebral lupus and lumbar puncture in 2017.

Our client first became psychologically incapable of returning to work due to her high levels of generalised anxiety, reduced threshold for agitation and panic episodes under normal levels of classroom stress. This was also accompanied by low mood, impaired attention, concentration and memory.

While initially engaging the professional services of Gerard Malouf and Partners in respect of a Workers Compensation claim, our expert Solicitors quickly identified a potential further claim to be explored on her behalf.

In preparing the claim for lodgement, our Solicitors considered what the appropriate “date of disablement” would be noting our client had multiple conditions diagnosed over the course of a few years. When assessing a claim for total and permanent disablement, the Superfund/Insurer are required to determine the date which the member became “disabled”. This date can make or break the outcome of a claim.

It was argued that the date of disablement should be taken to be on or around the date she ceased work as a result of her psychological injury despite her subsequent deterioration and physical ailments. A later date would likely have rendered the claim unsuccessful.

Detailed investigations were undertaken, and the claim was subsequently lodged with extensive supporting evidence. The claim was approved in full in less than two months after lodgement for over $274, 000.  Greatly relieved, our client was extremely thankful for the swift outcome achieved by Gerard Malouf and Partners.

While a TPD claim may appear to be a straightforward process, often there are complicating factors that can arise. Engaging professional services can increase the likelihood of your matter being resolved in the first instance without having to go to Court. To discuss any potential entitlements you may have, please contact our firm for a free consultation on 1800 004 878.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.