Our client was employed as a chef by a major Sydney company. He had nearly 30 years’ experience as a chef and was employed with the company for 18 of those years. Our client sustained a severe injury to his back at work through engaging in repetitive and unsafe lifting. It was through bending down that our client seriously injured his back. Our client was put off work and underwent surgery on his back.
After the surgery, our client returned to work, however he experienced great difficulties and could not continue performing his usual role. In a field such as hospitality, this type of restriction can be very damaging both physically and psychologically to one’s career.
To bring a work injury damages claim for our client, it had to be established that his injury met a minimum threshold requirement of 15% Whole Person Impairment. This is a prerequisite for any work injury damages claim. This means that our injury must attribute to impairment of at least 15%. The team at Gerard Malouf and Partners aided our client in being assessed by the appropriate specialist doctor and achieved the 15% WPI requirement.
Shortly after the permanent impairment claim finalised, we commenced an action in negligence against our client’s employer. Negligence arises where a duty of care has been breached. Work Injury Damages are claimable in situations where it can be proved that an employer was negligent. Your employer has a duty of care towards you, and their failure to uphold their duty of care can lead to serious injuries within the workplace.
Gerard Malouf and Partners identified the negligence of the employer in failing to provide a safe system of work for our client and managed to successfully construct a claim which resolved before needing to take the matter to Court to get an order for damages. Our client recovered over $270,000 in damages.
Have you suffered a work place 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.