Our client was employed as a yards person and bus driver when she sustained various injuries refuelling a large number of buses and performing other general maintenance work in the employer’s yard.
Being a workers compensation claim, the steps we took was to make a claim for lump sum benefits for our client’s impairment. This was disputed by the workers compensation insurer, which meant that the claim had to proceed in the Workers Compensation Commission for a final determination by an Approved Medical Specialist (AMS).
The AMS made a determination giving our client a high impairment rating. Having satisfied a relatively high impairment rating, we then investigated a Work Injury Damages Claim (a Common Law Negligent Claim).
All employers in Australia owe a duty of care to take to their workers to take reasonable steps in order to avoid causing injuries. The team at Gerard Malouf & Partners identified aspects of the work system where the employer failed in its duty of care. With sufficient factual evidence supporting an argument that the employer failed in its duty of care, a Common Law claim was commenced following the workers compensation lump sum claim.
The law regarding workplace injuries can seem very convoluted to those who are not familiar with navigating its many paths. Here at Gerard Malouf and Partners we not only managed to gain an attractive lump sum of compensation for our Client under the Workers Compensation scheme, but we also managed to bring a further action for work injury damages for her. We were obviously able to do so because of the legal and procedural knowledge we having in pursuing these entitlements. Along with that knowledge, what will then ensure a positive outcome is how well the matter is prepared.
Once a matter is sufficiently prepared, a lawyer has the confidence to negotiate strongly because there would be no concern if the matter did not settle and goes to a court hearing.
During negotiations we stood firm in negotiations and we did so knowing that if the insurer had not accepted our offer, we had sufficient evidence to take proceedings to court. After rigorous negotiations with the insurer, the parties managed to secure a settlement.
In this case, as with any other, we at Gerard Malouf & Partners Compensation Lawyers are prepared to fight in court, and we do so with confidence that our evidence is stacked up for the fight. This is achieved through proper preparation of our matters. As with any form of contest, if you are prepared you can go all the way. In this instance, though we settled, it was settled with little compromise and that is because of preparation.