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Insurers to pay for the contractor’s surgery on his right knee.

Case Overview
  • Our client is a self-employed contractor who suffered an injury to his right knee on-site and received compensation.
  • A few years later, he had another accident on the job, but the new insured denied liability stating that the accident resulted from the previous accident.
  • With our strong representation, our client received compensation from both insurers.

Our client is a self-employed contractor running his own electrical business. He suffered an injury to his right knee when he fell off a ladder at a work site. He lodged the claim with his worker’s compensation insurer. They accepted liability and paid for his weekly payments while he was off work and his medical treatment expenses and surgery operations he required to his right knee. He underwent rehabilitation and returned to work, but his right knee still left him with a disability.

 

A few years later, he had another incident on site when he was descending off a ladder when he fell and reaggravated his right knee injury. He underwent tests and x-rays and was referred to several orthopaedic knee specialists, and all of them agreed that he required further surgery on his right knee due to his work injury. He lodged his claim with the previous insurer and his new worker’s compensation insurer, which was at risk at the time. The later insurer would not accept liability in that they considered the earlier injury was responsible for his current condition. As such, the claim was denied by both insurers.

"He needed to challenge them both insurers to obtain an order compelling them to pay for his further treatment expenses and further surgery requirements to his right knee"

nassir bechara
Our Approach

We received his medical records from both insurers. We arranged for him to be independently medically examined and assessed by an independent orthopaedic knee surgeon. The second insurer’s orthopaedic surgeon’s opinion was that the earlier injury was responsible for his current condition. They should accept liability for further surgery on the right knee. The first insurer would not accept that medical advice.

We obtained in medical opinion from an independent orthopaedic knee surgeon. He argued that the earlier injury had not ceased, and the subsequent injury was an aggravation from the initial injury. In other words, his opinion was that both insurers should accept liability for the further surgery required to the right knee. Both insurers would not take that medical opinion. We commenced proceedings against both insurers seeking orders against them to pay his further treatment expenses and surgery to his right knee.

The matter was listed for hearing, and at the conclusion hearing, both insurers were liable to pay for the injured worker’s need for further surgery to the right knee.

If you suffer an injury during and during your employment, you have workers compensation rights that protect your interest even if you are self-employed.

For a free no-obligation consultation, contact Gerard Malouf & Partners. We can arrange an appointment for you to attend our office to protect your workers compensation legal rights arising from your work injury.

The Result

Our client was able to receive compensation claim from both the insurers.

Nassir Bechara Lawyer

Nassir Bechara

Senior Associate
It means a lot to me to defend clients who have been significantly disabled by injuries which have been caused by the negligence of others and to be able to help them receive fair and proper compensation which in most cases will assist in changing their lives
Frequently Asked Questions

More Information

If you have suffered an injury at work, or while making your commute to or from work, you’re entitled to workers compensation. This may seem like stating the obvious, but there are members of the public who are completely unaware of what accident compensation they are entitled to if anything were to ever happen.

In order to sue your Employer for negligence, it needs to be shown that the injury was caused as a result of the Employer’s negligence.

Aside from establishing negligence, you need to satisfy a threshold of 15% Whole Person Impairment in order to commence proceedings against the Employer.

If the impairment is below 15% Whole Person Impairment, you would not be permitted to commence a Common Law negligent claim.

Lump Sum Claims are still available for injured workers in certain circumstances and that is, if it is determined that you have an impairment of at least 11% Whole Person Impairment (WPI).

Therefore if you are determined as having an impairment of at least 11% WPI, you would be entitled to a lump sum payment.

Unfortunately, lump sum entitlements for pain and suffering has been abolished.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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