One of our very caring clients who worked for a Disability community centre as a carer had sustained an injury doing a basic role during the course of her employment whilst on a field trip. She sustained multiple injuries though none were very serious.
Following the normal processes we had our client assessed for impairment and although none of her injuries were serious, the fact there were multiple injuries resulted in a relatively high impairment assessment that the insurer could not deny. From that we settle lump sum benefits under her workers compensation entitlements of close to $40,000.
Having satisfied the necessary threshold of impairment to pursue a work injury damages claim () we had initiated proceedings for a Common Law Negligent claim and started the process of establishing negligence. Obviously in a negligent claim we have the obligation of showing that the employer was negligent which had led to the injury.
Having proceeded with the usual formalities we had applied for a Mediation and the insurer agreed to this though they maintained a firm dispute relating to negligence. The insurer on behalf of the employer denied sternly that there was negligence by the employer which led to the injury. We had notified our client and being very logical about the whole process our client did not have unreasonable expectations.
During the process of mediation the parties negotiated until we had received a final by the insurer. The final offer being $130,000. The outcome was astounding considering the firm defence from the insurer on the issue of liability. The outcome had exceeded our client’s by more than $30,000 as we anticipated nothing over $100,000 in damages. This outcome ensued due to extensive preparation of the claim by us at GMP Lawyers and of course our very knowledgeable skills in negotiation. Of course we also had an experience barrister assisting at Mediation which push the claim to the limit.
Multiple injuries (though they were not serious) along with the proper preparation of both claims and astute bargaining skills from our team of GMP Worker Compensation Lawyers ensured not one but two very good compensation settlements for a hardworking and very appreciative client.