Our client was employed as a glass fitter. The duties involved lifting and carrying glass panels weighing more than 25kg, loading and unloading stock including glass sheets, and placing and fixing glass panels. The client had limited breaks at work, had no variation or rotation of duties, and had limited assistance or lifting aid.
The client’s work resulted in anatomical changes through cumulative trauma to his cervical spine and lumbar spine. This is otherwise commonly referred to as injury sustained due to repetitive lifting or the nature and conditions of employment.
The Plaintiff underwent spinal surgery to both his lumbar and cervical spine due to radiating pain in his upper and lower limbs. His neck, right shoulder, and right elbow were in pain too. The Plaintiff subsequently required psychological sessions as the injury took a toll on his mental health.
He has not been able to perform his pre-injury employment duties since he was injured. He was certified as having no capacity to return to employment.
We successfully settled a permanent impairment claim for 25% Whole Person Impairment. 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 being unable 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 their matter is successfully resolved.
We obtained expert evidence and prepared the claim in negligence against the employer. The matter was successfully settled by our solicitor and experienced barrister. Our client ultimately received $900,000 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 free consultation to assess your legal rights and to provide you with free advice.
