The value of compensation in workers compensation claims and work injury damages claims for injured workers depends on their impairment level and also incapacity.
Many injured workers who have sustained an injury find it difficult to return to work and in fact, lose motive in doing so. However, for one of our clients, the injury was no impediment to his motive and he returned to full time work and continued to earn a sound living.
Nevertheless, the injury was a serious one which involved an eye injury and loss of vision. Suffice to say, the level of compensation that this injured worker would be entitled to is limited only to his impairment level.
Having little room to move with as far as obtaining compensation for this particular client due to the fact that he was able to motivate himself and return to work, we at Gerard Malouf & Partners Lawyers had to extract compensation to the maximum through different means. By doing so, our client had received $95,000.00 in tax free non-economic loss payments.
In order to do so, GMP Lawyers finalised a workers compensation claim for lump sum benefits relating to impairment and the old compensation for pain and suffering. Despite the law changes, we were still able to proceed with even a further lump sum claim on behalf of our client but on this occasion, solely in relation to his impairment rating.
With a final impairment rating of 15% whole person impairment, we were able to then pursue a work injury damages claim on behalf of our client. Obviously, in a work injury damages claim, it needs to be proven that the employer was negligent either through action or inaction which had led to the injury. We are also required to show that as a result of the injury, there has been an incapacity and therefore economic loss.
In this particular case, although we were in a position to prove that the employer was negligent, we were not able to show any real economic loss. Nevertheless, the claim was able to be resolved amicably through the mediation process on the grounds of potential loss of future earnings, known as a ‘buffer’.
We commend this particular client who has shown great will to return to work and do so satisfactorily, despite the seriousness of his injury. Although we had limited range for a claim due to the fact that there was no economic loss, our client was still able to reap a work compensation payment of close to $95,000.00 of tax free non-economic loss benefit from the claim.
With experienced knowledge in personal injury law and in the field of workers compensation and work injury damages, GMP Lawyers were able to reap a benefit for our client despite the fact that our range and latitude of reaching this was limited.