$139,500 compensation at a very minimal cost in running the claim

PUBLISHED 23 Jul 2013

Effective negotiation lands our client with total benefits of $139,500.00 in tax free lump sum compensation at a very minimal cost in running the claim

Common law proceedings were commenced for an elderly lady whose weekly compensation payments will be ceasing in the near future once she has reached her retiring age. Despite the fact that any claim for economic loss will be minimal, we had commenced common law proceedings against the insurer as the worker had reached the necessary threshold of 15% whole person impairment.

The workers compensation insurer (through the advice from their legal representatives) strongly disputed liability on negligence. Though we did face a hurdle in proving that the employer was negligent, we were not deterred from pressing on with the claim.

Rather than incurring additional costs by obtaining further medical evidence and liability expert evidence, the insurer was invited to an informal settlement conference. This conference we had hoped would resolve the claim amicably without incurring any additional cost for our client. Unfortunately, it did not settle at that stage.

We did persevere for weeks thereafter in ongoing negotiations with the insurer’s legal representative and eventually an agreement was made for a lump sum amount of approximately $90,000.00 for her work injury damages claim.

This worker had already received an amount for compensation for lump sums relating to her impairment but due to the legislative changes, did not receive anything for pain and suffering. Part of the negotiation was to ensure that our client received a further amount for pain and suffering as well. As part of the overall negotiations the insurer agreed to pay $25,000.00 for pain and suffering, being 50% of a most extreme case.

The total lump sum achieved by the injured worker was very satisfactory considering that future economic loss was only for a short period. The achievement was done with the most minimal cost for our client.

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