Minor ankle sprain results in significant compensation for a work injury

PUBLISHED 03 Jul 2014

The workers compensation insurer had denied entitlements for one of our clients who had suffered a high degree ankle sprain at work. The injury is a minor one and hence the workers compensation insurer’s reluctance to make any contribution towards loss of wages and payments of medical treatment.

The same view was taken by the insurer’s legal representative who even had the audacity of submitting that the claim can been seen as “fraudulent”. This was an unfair comment because even though injury was minor, there was an injury that occurred at work.

As a result of the injury our client suffered loss of earnings for a period of time and also had to pay privately for medical treatment.

Regardless of the level of injury, we accepted the worker’s instructions to act for him and we presented the case as vigorously as we do for any other claim. Our motto here at Gerard Malouf & Partners is to help everybody regardless of the value of the claim.

We knew that we can achieve a positive result with supportive evidence. The supportive evidence included contemporaneous medical reports, complete factual evidence by way of statements from our client and a family member and a report from a reputable medico-legal assessor.

However, due to the strong opposition, the matter proceeded Arbitration which went on for two days. In most instances, Arbitrations are generally dealt with in a single day or even half day hearings.

At the end it was worth the effort as our client received a total payout of approximately $44,000 for an impairment lump-sum and compensation for loss of wages combined. Additionally, the insurer were compelled to pay the out-of-pocket medical expenses incurred.

For us at GMP Lawyers no fight is too little as we pay equal attention to each claim regardless of its strengths. The solicitors here at GMP Lawyers understand that each claim is different and the level of injuries are also different. However, what is not different is our strong commitment to each and every one of our clients.

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