Forklift driver receives over $700,000 in negligence claim against employer

PUBLISHED 17 Nov 2020

Our client was employed as a general hand and forklift driver. His duties involved heavy labouring functions. He was required to repetitively lift and carry various car parts, including radiators, batteries as well as quantities of copper and brass. These tasks involved a great deal of lifting, bending, pushing, and moving equipment. On many occasions, the car parts he would be lifting would be in excess of 20kg, and as a result, he suffered injuries.

On the date of the injury, after driving the forklift for about 2-3 hours he developed significant pain. As a result of the nature and conditions of his employment, he sustained injuries to his right and left shoulder, cervical spine and developed consequential psychological conditions.

The client underwent arthroscopic surgery on his left shoulder and had injections in his left and right shoulder. He also underwent manipulation surgery and required physiotherapy.

The Plaintiff has not been able to perform his pre-injury employment duties since the date of injury. He was advised he was in no capacity to return to employment.

We successfully settled a permanent impairment claim for 28% Whole Person Impairment. Because our client’s Whole Person Impairment was agreed at over 15% WPI, he became 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 team of experts here at Gerard Malouf & Partners offer a “no win, no fee” arrangement whereby our client does not have to pay any fee until their 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 successfully resolved by our solicitor and experienced barrister negotiating with the Defendant at the Mediation. Our client ultimately received over $700,000 in compensation from the worker’s compensation insurer.

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

Contact Gerard Malouf and Partners on 1800 004 878 for a complimentary 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.