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$250K Common Law Claim for Young Worker With Back Injury

Our client is a young and very motivated worker who had sustained a very serious back injury during the course of his employment with his employer in mid January 2009. The injury was so significant he required to undergo surgery which took place in May 2009. Even though his injury had not yet stabilised, he contacted our office for assistance in mid October 2009, being 9 months after the injury and only 5 months following surgery.

Our client was not stable for an assessment until sometime in August 2011 and promptly an appointment was organised for him to be assessed by a reputable WorkCover Assessor. The assessment was determined to be 17% whole person impairment which allowed the worker to make a claim for lump sums for his impairment and also pain and suffering under the Workers Compensation Scheme.

As we had available all the relevant supportive medical evidence including the medico-legal assessment, the insurer felt obligated to accept our claim and the matter resolved accordingly for a figure of close to $44,000.00. This amount represented the claim with regards to his impairment and pain and suffering only.

The necessary impairment threshold to pursue a common law claim is 15% whole person impairment. As we were also able to prove through available evidence how the employer’s negligence contributed to the injury, we immediately commenced common law proceedings.

The matter progressed quickly and eventually proceeded to mediation in mid January 2013 where the claim resolved for $250,000.00.

This was a very short turnaround for a satisfactory result for our client who injured himself in January 2009. He instructed our office in October 2009 and by January 2013, he had not only resolved his lump sum benefits for his impairment and pain and suffering under the Workers Compensation Scheme, he had also resolved his common law claim as well.

A very happy and satisfied client and being relatively young and hard working, he certainly deserved this satisfying outcome. Despite the fact that he continues to work full time and continues to earn a living, the claim still resolved expediently and for a considerable amount.

As with all our claims, this claim was run expediently but it was done without compromising the value of our client’s compensation amount.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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