Bus Driver Receives Knee Injury Compensation After Being Denied Help for Years

PUBLISHED 05 Oct 2020

The Workers Compensation system is designed to assist injured workers and facilitate their return to work. In addition, the system allows workers with Whole Person Impairments above 11% to make a claim for lump sum compensation.

Like many others, our client was drained from conflict with his insurer, and wasn’t given the help he needed. Not knowing where he stood, our client sought our expert assistance and asked whether he had any entitlements to compensation.

Our client stated that he had injured his knee while walking down the stairs of the bus while working. At first it seemed like a minor injury, but it developed into a major one, which required a full knee replacement. Our client continued his tussle with the insurer in relation to who was to pay for the replacement, but given the severity and necessity of the surgery, was forced to go ahead with the procedure under the public system. It was at this point that he approached Gerard Malouf and Partners for help to seek a lump sum claim for compensation based on his impairment.

When our client’s condition had stabilised, we had him assessed by a doctor who provided a Whole Person Impairment above 11%. A claim was subsequently lodged for the insurer to grant our client lump sum compensation for his injuries.

As often happens, the insurer denied the claim for compensation and provided various medical evidence stating the injury was not in fact work related.

Following the news that the claim was denied, we immediately started preparing all the required evidence to succeed at the Commission. We knew the insurer would put up a fight, however, we were confident that our expert evidence and innumerable experience in Workers Compensation would enable us to succeed in this instance and achieve maximum justice for our client.

Throughout the process, we continued to apply pressure on the insurer and made sure our evidence was appropriate and convincing. On the day of the Commission proceedings, after all necessary evidence was lodged, we received a call from the insurer. During the call, we negotiated with the insurer, and based on our efforts the insurer agreed to pay a lump sum compensation to our client.

Our team of experts here at Gerard Malouf & Partners offer a “no win, no fee” arrangement where a client does not have to pay any fees until their matter has been resolved.

Have you suffered a workplace injury? Or do you know anyone who has?

Contact Gerard Malouf and Partners on 1800 004 878 for a complementary consultation to assess your legal rights and provide you with the right advice.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.