Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.
Read Our Latest Articles, Case Studies Or Commonly Asked Questions Concerning Your Legal Claims And Compensation Law.
Our client was the widow of a deceased injured worker who suffered a severe work injury during and in the course of his employment. He was was employed as a labourer and handyman. His employer sent him to a residential premises which was undergoing renovations. To carry out his employment duties he was required to stand on an extension ladder which was placed on top of the scaffolding. The scaffolding was erected by the employer. Whilst he was standing on the ladder the scaffolding gave way causing the ladder to topple away causing our client to fall from the ladder onto the ground.
As a result, our client suffered a severe head injury, brain injury and was in hospital for two years. He required 24 hours care. He was also wheelchair bound. He was on a catheter all of the time and required medication. He was regularly catching infections and kidney stones. His wife lodged for him a workers compensation claim as a result of his severe injuries suffered at work. They were for regular weekly payments due to his work incapacity, medical treatment expenses, domestic care and personal assistance, and lump sums once his condition had stabilised. He was awarded the maximum lump sums for his permanent impairment and pain and suffering due to his work injury.
His wife continued to car for him with carers since his work injury. She and his 6 children were totally dependant upon the injured worker as at the date of his work injury. The insurer was required to pay his weekly payments due to his work incapacity and his medical treatment expenses including his required 24 hours care. His medical condition subsequently deteriorated and he caught further infections and he had kidney stones issues and the doctors were not able to operate due to his medical condition and the risks associated with operating upon him. As a result of he went into a coma and he passed away.
The widow and the six children of the deceased injured worker lodged a death benefit claim against the employer as a result of his death being caused by his injuries suffered at work and the deterioration in his medical condition which ultimately resulted in his death. We were able to establish that the infections and kidney stones were due to his work injuries and the doctors were not able to operate upon him and that resulted in him lapsing into a coma and passing away. The medical evidence from the injured workers treating doctors and specialists confirmed that the cause of the infections and kidneys stones were his work injury.
It was determined that the deceased worker passed away as a result of his work injuries. The deceased workers spouse was dependent upon the deceased worker for support as at the date of his death. The lump sum death benefit was payable to the deceased workers widow in accordance with the workers compensation act. Our client was overwhelmed by the outcome as it was a difficult journey for her and her family, noting that she had to care for her severely disabled husband and raise her children during this difficult period.
If you suffer an injury at work and it is determined that you have suffered an injury during and in the course of your employment, you may be covered for benefits under the workers compensation scheme subject to the factual and medical expert evidence being established for lumps sums for permanent impairment and pain and suffering, weekly payments, reasonable and necessary medical treatment expenses, and domestic care and personal assistance.
For a free no obligation consultation please contact our toll-free number on 1800959280 so that an appointment can be arranged to attend our office to protect your legal rights arising from your accident.
Pedestrians can sustain injuries in a number of ways, including hit and run incidents or being struck whilst crossing the road. If you’ve been injured in a motor vehicle accident, you’ll be glad to know that victims have the opportunity to receive compensation as part of the motor accidents compensation scheme.
Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims.
Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.
Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene.
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