In all workers compensation matters, the general entitlements include but are not limited to the following:
If the injured worker has an impairment level which is agreed being equal to or more than 15% whole person impairment and it can be proven that the injury sustained resulted from the employer’s negligence, the injured worker would be entitled to damages being further compensation, in a work injury damages claim. These are generally known as common law negligent claims.
For one unfortunate client of ours, he had sustained a serious injury causing severe fracture to his right leg.
Systematically, we achieved a very sound result for his impairment and pain and suffering lump sum claim and thereafter pursued common law proceedings as well.
The injured worker had received settlement of lump sums which included amounts for his impairment, pain and suffering and also damages under the common law claim. Until he concluded his Common Law claim, he continued to receive ongoing payments of weekly compensation and throughout that time continued to have his medical treatment paid for.
At the conclusion of his Common Law claim, he was obviously no longer entitled to any further benefits or entitlements. By the end of the Common Law claim, all compensation paid to, for and on behalf of our client, amounted to $745,000.00.
Workers compensation claims is an avenue to assist workers to obtain treatment, receive payments for loss of wages during periods of incapacity and also allows tax free lump sum benefits.
There are always rumours that the WorkCover Authority would not allow such considerable amounts of compensation. However, that is truly not the case when you have sound legal experience and knowledge as we do here at Gerard Malouf & Partners. We understand the value of each individual and also the value of their respective claims. Understanding that and also understanding the processes required, full and complete compensation is what we strive for and this is generally what we achieve.