A hard working community and aged care worker had contacted us at GMP Lawyers in relation to a workers compensation claim.
Our client had sustained an injury whilst assisting an aged gentleman at his residence. Though she was familiar with the work, she did take it upon herself to provide domestic chores for this gentleman as she had done in the past. She did so without any assistance of a co-worker which was against occupational health and safety. The employer would not provide extra assistance placing further strain on her.
As a result of having to deal with the domestic role and task, this individual had sustained a serious injury to her lower back which could have easily been avoided with the provision of more workers and training for proper lifting technique.
We took the normal process of initiating a lump sum claim for impairment and pain and suffering. The total compensation there was over $55,000.00.
As we usually do at GMP Lawyers, we investigate any other further claims and entitlements which will provide further compensation for our clients. In this instance, we were able to pursue a work injury damages claim, common law claim for negligence. We proceeded with the claim and despite declining liability, the insurer sensibly settled by offering close to $400,000.00 in damages at mediation.
Despite the comprehensive compensation of which has been achieved, here at GMP Lawyers, we are still aiming for further compensation and that is, a total permanent disablement claim through her superannuation entitlements. We are confident in our skills that we will obtain further compensation for her through this entitlement in due course.
Being a hard working law firm here at GMP Lawyers, we were able to achieve optimal compensation for a hard working individual.