Delivery Driver receives $750,000.00 in Damages for a Workplace injury

PUBLISHED 29 Oct 2019

Our client was employed to drive a flatbed truck and deliver liquid cleaning chemicals to different factories.

His employment required him to drive a flatbed truck and load it with multiple containers, connect an electric vacuum pipe to an outlet and pump the cleaning liquids out of each container to large storage tanks on the client’s premises. He was then required to manually move each of the empty containers together so they could be transported.

On the particular date of injury, our client was delivering a load of liquid cleaning chemicals to a factory when he exited the flatbed truck in the ordinary way by jumping off the back when he suffered a jarring injury to his lower back.

He lodged a workers compensation claim and was out of work and not in any form of gainful employment. He was under the care of a number of specialists for his injuries and was required to undergo various treatment options including physiotherapy and injections.

He was subsequently certified unlikely ever to be able to resume his pre-injury duties and told to avoid prolonged sitting, bending, twisting or lifting. He ultimately ended up undergoing a spinal fusion operation to his lower back.

We successfully settled a permanent impairment claim for 21% Whole Person Impairment minus 6% from a previous claim with the Workers Compensation Insurer. Because our client’s Whole Person Impairment was agreed at over 15% WPI, he becomes eligible to potentially bring an additional claim for Common Law Modified Damages, also known as Work Injury Damages which is a claim in negligence.

We then advised our client of a potential claim in negligence against his employer for their failure to provide a safe system of work which caused a serious injury resulting in an inability to work.

A claim for Work Injury Damages was then commenced against the employer. Our expert team here at Gerard Malouf & Partners offer a “no win, no fee” arrangement whereby our client does not have to pay any fee until there matter is successfully resolved.

We obtained expert evidence and prepared the claim in negligence against the employer. We subsequently participated in a compulsory Mediation. The matter was then able to be successfully resolved by our solicitor and experienced barrister negotiating with the Defendant at the Mediation. Our client ultimately received over $750,000.00 in compensation from the workers compensation insurer.

If you live in a rural, regional or remote area, do not be discouraged. Gerard Malouf and Partners can help you recover a deserved amount of compensation for your work injury.

Have you suffered a work place injury? Or do you know someone who has?

Contact Gerard Malouf and Partners on 1800 678 932 for a complementary free consultation to assess your legal rights and to provide you with free advice.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.