Funeral home employee receives $310,000 for neck injury

PUBLISHED 24 Sep 2019

One of our client’s had sustained an injury as a result of the ‘nature and conditions’ of his employment working at a Funeral Home from 2011 to 2017. His daily duties were physically demanding and repetitive in nature, often involving the preparation and handling of heavy deceased bodies. Due to a build-up of these conditions and long working hours, over time our client sustained a neck injury that required him to undergo significant spinal surgery and left him incapacitated to return to work.

A claim for statutory benefits was lodged through the workers compensation insurer and liability was subsequently accepted. This entitled him to receive weekly compensation and medical benefits, such as the cost of his spinal surgery and associated hospital and rehabilitation expenses. After his injury had reached a point of maximum medical improvement we were able to have his impairment assessed which was done by an examination by an accredited assessor which we arranged.

Following the resolution of his impairment claim, he was determined to have an impairment rating of greater than 15% whole person impairment (WPI%) relating to his neck injury. This entitled him to receive an initial lump sum compensation of around $60,000 for the injury itself through the insurer. Given his impairment was 15% or greater it allowed us to lodge a further lump sum claim through the workers compensation insurer for common law proceedings, or Work Injury Damages (WID). This is what is commonly known as a negligence claim.

The negligence being that over time his employer consistently failed to provide appropriate lifting apparatus and devise a safe system of work for its employees that would minimise the risk of harm as a result of the inherent duties and nature of the job. The injured worker had been complaining about the inadequate equipment for some time however nothing had been done about it by the employer and as a result, he was injured.

Through obtaining expert evidence and an experienced barristers’ advice we successfully prepared a claim and lodged this on the insurer for their determination. After a compulsory mediation with the Defendant at the Workers Compensation Commission, we successfully managed to negotiate a settlement, ensuring our client will receive $300,000 clear in his pocket.

Our expert team here at Gerard Malouf & Partners offer a “no win, no fee” arrangement where the client does not have to pay any fees until their matter is successfully resolved.

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

Contact Gerard Malouf and Partners on 1800 205 909 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.