Case Overview
- Our client suffered serious and debilitating physical injuries after being struck in the head and neck by a heavy object at work.
- The insurer made an offer of settlement in relation to part of our client’s claim but disputed liability for other aspects of the claim.
- We successfully resolved the matter in favour of the family, securing over $900,000 in compensation to the deceased’s widow.
Suffering an injury at work is always traumatic. Sometimes, however, a workplace injury can lead to the most tragic of outcomes, leaving surviving family members emotionally devastated and in a precarious financial position.
In this instance, our client suffered serious and debilitating physical injuries after being struck in the head and neck by a heavy object at work. He also developed significant emotional and psychological symptoms as a consequence of his physical ailments and restrictions. Our client required various prescription medications to alleviate his pain as well as his emotional and psychological symptoms.
We arranged for our client to be assessed for whole-person impairment. We then made a claim for permanent impairment compensation (or section 66 compensation) on his behalf. The insurer made an offer of settlement in relation to part of our client’s claim but disputed liability for other aspects of the claim. We received instructions to have the dispute concerning the degree of whole-person impairment determined by the Personal Injury Commission.
Tragically, before proceedings commenced, our client suffered a fatal heart attack and passed away due to cardiac arrest. The insurer did not accept there was a connection between the fatal heart attack and the workplace injury as our client had a pre-existing cardiac condition (having suffered a cardiac arrest prior to the workplace injury).
We did not accept the insurer’s position and, after discussions with surviving family members, agreed to investigate the matter further.
“The insurer made an offer of settlement in relation to part of our client’s claim but disputed liability for other aspects of the claim.“
Nassir Bechara
Our Approach
To this end, we reviewed thousands of pages of clinical records and reports; had conferences with family members regarding the deceased’s pre and post-injury condition, lifestyle, and capacity to engage in domestic, social, and recreational activities; and prepared statements from family members.
We also obtained evidence from leading cardiac experts with respect to the impact the deceased’s injuries, disabilities, and impairments had on his cardiac condition and the connection between the workplace injury and his untimely death.
After thoroughly preparing our case, we were confident of success and commenced proceedings in the Personal Injury Commission claiming section 66 compensation as well as a lump sum death benefit and funeral expenses.
If you have suffered a workplace injury or know someone who has, be sure to contact Gerard Malouf & Partners on 1800 205 909 or through our email enquiry form.
The Result
When the matter came before the Commission, we successfully resolved the matter in favour of the family, securing over $900,000 in compensation to the deceased’s widow.
Frequently Asked Questions
More Information
If you have suffered an injury at work, or while making your commute to or from work, you’re entitled to workers compensation. This may seem like stating the obvious, but there are members of the public who are completely unaware of what accident compensation they are entitled to if anything were to ever happen.
In order to sue your Employer for negligence, it needs to be shown that the injury was caused as a result of the Employer’s negligence.
Aside from establishing negligence, you need to satisfy a threshold of 15% Whole Person Impairment in order to commence proceedings against the Employer.
If the impairment is below 15% Whole Person Impairment, you would not be permitted to commence a Common Law negligence claim.
The legal process for filing a workers’ compensation claim in NSW starts with gathering evidence, informing your employer (within three months) and filing a WorkCover claim. In most cases, the claim will be given to the Personal Injury Commission to achieve possible mediation before starting court proceedings. If some sort of an agreement is not reached, work injury damage claims are most often heard in the District Court.
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