Our client was unloading his fourth shipping container for the day when he was injured. The shipping containers contained packages that were in excess of 60kg each, which he had to break down in order to carry separate loads. The issue was that the packs were quite high, and he would have to reach well above head high to remove some of these packs. As a result our client developed pain through his neck and back.
Ultimately, our client required significant surgery on his neck as a result of the injury, and following the surgery, the solicitors at Gerard Malouf and Partners were in a position to assist this client in making a lump sum claim.
It was essential that our solicitors waited until after this client had his surgery. The reason being is that workers only have one shot at making a lump sum claim. Surgery will most likely raise the impairment level of an injured worker, which in turn, raises the amount of compensation payable. In order to succeed in a lump sum claim you are required to have a whole person impairment assessment of 11% or greater. If this impairment is 15%, you are also entitled to a claim for work injury damages.
This client underwent a fusion surgery. This type of surgery results in a greater than 15% impairment. Following his recovery from surgery, a lump sum claim was entered. Our client was assessed as having an impairment of over 30%, and was awarded a lump sum amount of over $50,000.00.
Having been assessed at well over 15% impairment, the solicitors at Gerard Malouf and Partners determined there was a degree of negligence on behalf of the employer in the injury occurring, and a work injury damages claim was commenced. A claim for work injury damages is a claim of negligence, for compensation of past and future economic loss.
This matter was taken to mediation. At this point, the client, his solicitors and barrister attempted to negotiate with the insurer and their legal representative, for a fair and reasonable settlement. On this occasion, the insurer was not being reasonable, and as such the mediation did not result in settlement.
For the following couple of months, our solicitors continued to negotiate with the insurer, and slowly but surely, they were offering amounts of compensation that were more and more reasonable. Eventually, both parties got to a close enough range of one another, and organised another mediation in attempt to settle the claim.
On this second date of mediation, the claim was successfully settled for an amount of $700,000.00, clear of any payback of prior weekly payments. With this amount added to the initial lump sum compensation claim, it was a fantastic result for our client.
If you or anyone you know has suffered from a lifting injury, you may be entitled to workers compensation. Please do not hesitate to contact the experienced workers compensation solicitors at Gerard Malouf and Partners for a free consultation.