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Gerard Malouf and Partners acted for the Plaintiff in this case, Mr Adlawan, who was an employee performing duties at a hazardous chemicals warehouse in South-west Sydney in November of 2012. At 11:30 AM on 9 November 2012, Mr Adlawan was struck by a forklift that he had parked on a slope within the work premises after he had alighted from that forklift to inspect an incoming delivery of goods when the forklift rolled back and struck him. As a result of the accident, the plaintiff suffered a severe injury to his right leg, which ultimately required amputation. The plaintiff was receiving payments from workers compensation for his loss of income and treatment/equipment expenses.
The case fell on an interpretation of the Motor Accident’s Compensation Act 1999 (NSW), specifically s 3A and s 122.
We relied on four bases of negligence being:
His Honour accepted point 3 and found that the failure of the Plaintiff’s employer to instruct the plaintiff to correctly park the forklift on a flat surface was negligent conduct and was contrary to the employer’s own stated safety protocol for the use and operation of the forklift. The Court found that this negligent conduct caused the plaintiff to suffer injury arising from the use or operation of a motor vehicle and assessed damages under the motor accident legislation.
Sadly, His Honour also found that the forklift collision was partially the fault of the plaintiff due to his finding that the plaintiff did not apply the handbrake in a correct manner and assessed contributory negligence in the amount of 20%. Despite the finding of 20% contributory negligence, the plaintiff succeeded in what was a heavily contested and complex legal case and was able to secure a favourable lump sum judgement in the amount of $2,960,000. The Plaintiff was satisfied with the outcome as it enabled him to have certainty for his future.
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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