Our client had contacted our office having been disappointed with the outcome of his workers compensation lump sum benefits with his former solicitors. His former solicitors are a well-known Plaintiff firm however, despite serious injuries, our client only received a lump sum compensation of $5,500.00 being for 4% whole person impairment.
This worker had sustained various injuries which included scarring and also an injury to his right shoulder and lumbar spine. The insurer on that occasion only accepted the claim for scarring of 4% whole person impairment and upon urging of his former solicitors, our client had resolved it accordingly.
However, here at Gerard Malouf & Partners we knew we can do better. We commenced a further deterioration claim for this significantly injured worker and included a claim for lump sums in relation to his lumbar spine and right shoulder as well. Again, the insurer disputed these additional body regions and rather than accepting this, we proceeded by lodging a claim in the Workers Compensation Commission.
As with any personal injury/compensation claims we need to have the appropriate factual and medical evidence to litigate.
In this particular claim, the Commission agreed that the worker should be assessed by an Approved Medical Specialist (AMS). The AMS is the doctor who provides the final opinion on impairment and essentially that will determine the level of compensation available for the injured worker.
The AMS returned an assessment of 17% whole person impairment. Following the satisfactory decision, we have been able to do the following for our client:-
– Obtain a significant increase in lump sums for his impairment where he received in excess of $20,000.00.
– Pain and suffering was also compensated at $11,250.00, of which he was not able to do when he received his compensation for the 4% impairment.
– Investigation and pursuance of a work injury damages, common law claim for negligence.
With perseverance and not giving up on maximising compensation for our client, we have already achieved an increase in compensation for our client with a further opportunity now with common law proceeding