A long-time employee with a company, our client was required to do various duties during the course of his employment as an electrician. The electrical work involved obviously required physical output by the individual.
In unusual circumstances, this particular client had sustained two rather significant injuries in the one day. The injuries were not the nature and conditions of repetitive work, but were isolated incidents. The first incident required the tugging and pulling of something very heavy and stagnated. The second incident involved heavy lifting. As a consequence, our client sustained a very significant lower back injury.
Through surgical procedures and rehabilitation, our client was able to resume gainful employment which goes to his credibility and very good working ethics.
Despite the fact that our client has been able to return to work, Gerard Malouf & Partners Lawyers were able to formulate a claim for him and despite the changes, we were able to receive a satisfactory outcome for his impairment and also pain and suffering lump sum compensation.
His injury was a significantly serious one which attracted a high impairment rating. The impairment was aggregated with both of the incidents, culminating in one high impairment rating. As the impairment rating satisfied the necessary threshold of 15% whole person impairment, we were then able to pursue a work injury damages claim after the conclusion of the workers compensation claim.
The difficulty we faced in this matter is the requirement to show that the employer was negligent in both the incidents that occurred on the same day. As we were able to show merits on the point of negligence with factual evidence with regards to both of the incidents, the work injury damages claim was able to be resolved.
Overall, our client had received compensation of almost half a million dollars through payments by the workers compensation insurer as a result of his injuries. At Gerard Malouf & Partners Lawyers, our role is to achieve compensation for our clients’. We pride ourselves on that. We also we gain more appreciation when we see strong minded individuals such as this worker make positive effort to return to work and move on with life rather than remaining stagnated.