Our client sustained an injury as a result of her employment as a factory worker. Our client was walking down the factory driveway wearing steel-capped work boots as required when she tripped into a pothole present on the road and fell heavily on her left-hand side. As a result, she suffered an injury to her neck, back, shoulders and hips.
A claim for statutory benefits was lodged through the worker compensation insurer and liability was subsequently accepted. This entitled her to receive weekly compensation and medical benefits which included the cost of rehabilitation, physiotherapy, injections and the associated hospital expenses.
It was determined that she had a present impairment rating of 29% whole person impairment (WPI). This entitled our client to a lump sum amount. As it was a further deterioration impairment claim it was the second time she had received a lump sum payment for her impairment.
Given her impairment satisfied an impairment threshold of 15% it therefore also allowed her to pursue a further claim against the worker compensation insurer in common law proceedings known as Work Injury Damages (WID). The negligence involved in this claim was that over time our client’s employer consistently failed to uphold their duty of care and undertake reasonable precautions and risk assessments that would have minimised the risk of harm and provide a safe system of work.
The WID claim was able to be resolved and after the resolution, the total compensation paid to, for and behalf of this worker was in excess of $500,000.
Payments for impairment lump sums, weekly compensation, medical expenses and Work Injury Damages ensured that our client received in excess of half a million dollars in total compensation.
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 free consultation to assess your legal rights and to provide you with free advice.