Disability support worker who was assaulted by a resident receives over $790,000.00 in damages

PUBLISHED 29 Oct 2019

Our client was employed as a Disability Support Worker.

Her employment required her to care for residents with both physical and psychiatric disabilities in a group home.

On the particular date of injury, our client was working a day shift when she was assaulted by one of her clients. As a result, she experienced lower back pain that would radiate down her legs.
She continued to work until her back locked up completely. She then lodged a workers compensation claim and did not return to work.

She was under the care of a number of specialists for her injuries and was required to undergo various treatment options including physiotherapy and a spinal fusion. This surgery did not go well, and she was left with permanent foot drop.

She was subsequently certified quite unfit for any work whatsoever, even of a light part-time nature.

We successfully settled a permanent impairment claim for 24% Whole Person Impairment with the Workers Compensation Insurer. Because our client’s Whole Person Impairment was agreed at over 15% WPI, she 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 her 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 $790,000.00 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.