Here at Gerard Malouf and Partners, it is common for us to see workers who have had an injury occur in the workplace which has effects that reach far beyond the incident itself. We often see this scenario happen to workers who sustain injuries to their knee or back for example, due to workplaces not taking simple measures to ensure the safety of their workers.
This was the case with our client, who was employed by a large company as a baker. On the date of his accident, he was at work pushing a heavy rack which was a piece of equipment renowned to being defective which was well-known by the employer.
Yet, as any hard worker would, our client proceeded with his job and did what he had to in order to get the job done. The effort and difficultly in manoeuvring the equipment resulted in our client sustaining a right knee injury, requiring him to undergo a knee-replacement. As a result of this injury, he has seen many further complications that concern not only his right knee, but also his left hip and left knee as a result of coping with the initial injury. As occurs from time to time, consequential injuries occur when overusing or over-compensating to support an injured arm or leg. The over use or over-compensating causes wear and tear to occur in the opposing limb.
Another problem with lower limb injuries is that individuals usually develop a limp when walking or develop an altered gait. Of course the imbalance leads to potential other consequential injuries such as lumbar spine and hip problems.
At Gerard Malouf and Partners we look at not only the original injury but also consider any potential consequential injuries that may have occurred. When formulating a claim we are conscientious about the injuries that may have occurred as a consequence of the original injury. As was the case in this claim, the combined impairment for the original and consequential injuries surmounted to a high rating. With that GMP lawyers were able to achieve a lump sum claim for this worker and were then in a position to pursue a work injury damages as well.
As compensation lawyers at GMP we like to encourage all injured workers to be more specific about injuries sustained, whether original or consequential. Of course the consequential injuries do need to be casually related to the original injury, otherwise they will not form part of a claim. Whether an injury is consequential or not is a medical question and not for the worker or their solicitor to determine.
As is common here at Gerard Malouf and Partners compensation lawyers, we look at a web of factors when pursuing a claim and do not just limit the claim based on face value only.