As a result of his work environment, our client suffered daily with physically demanding duties that were repetitive in nature. After long hours handling heavy boxes, our client eventually suffered an injury to his neck and left arm. Then, as a result of the sharp pain experienced in his initial injury, our client dropped a large box over the edge of his security van causing himself further injury. Not knowing where he stood or where to turn, our client contacted Gerard Malouf and Partners for help.
With the help of our expert team, a claim for statutory benefits was lodged through the workers compensation insurer and liability was subsequently accepted. This entitled our client to receive weekly compensation and medical benefits, such as the cost of his fusion surgery and associated hospital and rehabilitation expenses. These payments totalled around $140,000.
After his injury had reached a point of maximum medical improvement, we were then able to have his impairment assessed by an accredited assessor. When assessed, our client was determined to have an impairment rating of greater than 30% whole person impairment (WPI%) which related to the injury he had suffered to his neck, spine and arm. This entitled him to receive an initial lump sum compensation of around $60,000 for the injury itself through the insurer.
After settlement, our client provided instructions that he did not want to rely on the Workers Compensation System and upon legal advice from our experienced team, our client decided that he wanted to pursue his further rights under Common Law. Given his impairment was 15% or greater, we were able to lodge a further lump sum claim through the workers compensation insurer for Work Injury Damages (WID). This is what is commonly known as a negligence claim. The negligence in this instance was that over time our client’s employer consistently failed to provide adequate resources and devise a safe system of work for its employees that would minimise the risk of harm as a result of the inherent duties and nature of the job.
Through obtaining expert evidence and an experienced barristers’ advice, we successfully prepared a claim and lodged this on the insurer for their determination. After a compulsory mediation with the Defendant at the Workers Compensation Commission, we successfully managed to negotiate a settlement, ensuring our client will receive $340,000.00 clear in his pocket. Our client was very happy with this outcome as it allowed him to ‘move on with his life’.
Our expert team here at Gerard Malouf & Partners offer a “no win, no fee” arrangement where the client does not have to pay any fees until their matter is successfully resolved.
Have you suffered a workplace injury? Or do you know someone who has?
Contact Gerard Malouf and Partners on 1800 004 878 for a complementary free consultation to assess your legal rights and to provide you with free advice.
