Our client being employed in the Riverina area as a cleaner, had sustained an injury although it could not be said with clarity whether the injury she sustained could be considered as an act of negligence by the employer or whether it was just a mere accident.
Of course, as far as the insurer was concerned, the incident was a mere accident however, we considered the merits of the case formed the view that we could present sufficient evidence to prove negligence. We therefore persevered with a Work Injury Damages claim (Common Law negligent claim). Simply the incident involved our client falling, sustaining a spinal injury and the employer’s attitude was that this was a mere accident and there was nothing really they could have done to avoid this.
Our client had contacted us in order to assist her in her workers compensation claim and subsequent to that, to pursue a work injury damages claim as well. By doing so, we were able to assist the worker in receiving ongoing weekly compensation payments, payments of her medical treatment, a payout for her lump sum benefits and eventually a payout for damages in a work injury damages claim.
In fairness to the workers compensation insurer, they had been generous in these proceedings despite their stance on the issue of liability in the work injury damages claim. From that, they paid close to a combined amount of $300,000.00 in this claim. The combined payments were made to and on behalf of our client which included those for medical treatment, weekly compensation and lump sum amounts for impairment and damages in the Work Injury Damages Claim (Common Law Negligent claim).
The staff’s role at GMP Lawyers is to ensure our clients’ are appropriately compensated. First and foremost, treatment is a priority and from that, payments of loss of wages. Once that has been satisfied, the aim thereafter would be to obtain a lump sum benefit for the injured worker both through payments relating to permanent impairment and payments for damages in a work injury damages claim.
The aim that we have at Gerard Malouf & Partners is to ensure that our clients receive maximum compensation and that is what we are experts at doing.