Compensation of $130,000.00 of tax free benefits for injured worker

PUBLISHED 19 Jul 2013

Being dissatisfied with another firm of solicitors acting on her behalf, our client had instructed us to take over a workers compensation claim. In the matter of a few short weeks, we had satisfactorily resolved a lump sum claim for impairment and pain and suffering.

This individual had a very serious knee injury however it was difficult to establish that the employer was negligent. Nevertheless, in light of the fact that it was a serious injury, a claim was opened for common law negligence in order for us to investigate liability.

We processed a work injury damages claim in hope that the matter would resolve at mediation. Unfortunately, the Defendant did not agree to participate in mediation.

However, by urging the legal representatives of the Defendant to enter into negotiations for a settlement, it was agreed that an informal settlement conference (ISC) be organised. An ISC was in fact organised, where the parties participated in negotiation and a significant lump sum was offered by the Defendant. This was a pleasant surprise for this particular worker who had no further entitlements under the new workers compensation legislation.

With perseverance and the desire to help our client, we successfully received tax free benefits of $130,000.00 in worker compensation. Initially, the injured worker received $45,000.00 for impairment and pain and suffering and thereafter resolved common law proceedings for $85,000.00.

We took this fight as seriously as our client and she was very appreciative of it.

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