Man from Orange awarded over $475,000.00 after having leg crushed under pole

PUBLISHED 20 Aug 2015

Our client was working in Orange as a diesel fitter. One night he was working a nightshift with his supervisor when he was required to aid in stacking steel pipes. The supervisor dropped his side of the pipe which caused the already stacked pipes to dislodge, landing on our client and crushing his leg under the pipe. The Plaintiff suffered significant injuries to his left leg and has been unable to work since the accident.

This man came to see the highly specialised workers compensation solicitors at Gerard Malouf and Partners Blacktown offices. Ultimately this man relocated overseas, but this did not mean that we as a firm would cease fighting for his rights.

We obtained funding from WorkCover and had our client medically assessed whereby he was given an impairment of greater than 15%. Based on this assessment, we applied to settle our client’s lump sum claim with the insurer, who agreed to pay more than $50,000.00 for the whole person impairment and for pain and suffering.

Prior to 19 June 2012, pain and suffering was claimable in all workers compensation lump sum claims if the required threshold was met. Unfortunately, as a result of legislative changes effective from this date, pain and suffering has been abolished.

Following this first lump sum award, we advised our client of his rights to a common law claim. As our client had over 15% whole person impairment he had a claim for work injury damages, being his economic loss. This client was a man of 57 years, nearing retirement age, and had been earning approximately $1,000.00 per week at the time of the accident.

A mediation date was set, and on the day the solicitors and barrister representing this client attended. We proceeded in negotiating a settlement with the insurer and their solicitors, despite the fact that our client was still overseas. During the course of the mediation we were in constant contact with the client, and were giving him a step by step summary of how the mediation was taking place. With an offer of well over $400,000.00 he did not hesitate to instruct us to settle.

Adding this to the $50,000.00 previously awarded, the solicitors at Gerard Malouf and Partners obtained an overwhelming result for him.

If your or anybody you know has suffered an injury at work please do not hesitate to contact one of our experiences workers compensation lawyers at Gerard Malouf and Partners. As above, we will fight to get you the maximum possible compensation payout that you deserve.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.