Our client was employed for over 20 years as a Truck Driver for a large transport company.
Our client suffered a work injury when he fell off the back of a truck at work attempting to pull down a roller door and sustained several injuries. He further underwent a workplace injury whereby he was attempting to release a trailer from a prime mover. As a result of these accidents, our Client developed a number of serious orthopaedic injuries result in multiple surgeries.
To bring a work injury damages claim for our client, it had to be established that his injury met a minimum threshold requirement of 15% Whole Person Impairment. This is a prerequisite for any work injury damages claim. This means that our injury must attribute to impairment of at least 15%. The team at Gerard Malouf and Partners aided our client in being assessed by the appropriate specialist doctor and achieved an impairment rating above 31% WPI.
Shortly after the permanent impairment claim finalised, we commenced an action in negligence against our client’s employer. Negligence arises where a duty of care has been breached. Work Injury Damages are claimable in situations where it can be proved that an employer was negligent. Your employer has a duty of care towards you to provide you with a safe system of work, and their failure to uphold their duty of care can lead to serious injuries within the workplace.
The solicitors at Gerard Malouf and Partners were able to successfully resolve this matter out of court and recover over $120,000 in damages. Damages were limited in this matter because our client was in his 60s and restricted to claim compensation until his retirement age.
Have you suffered a work place injury? Or do you know someone who has?
If you believe your employer has been negligent by not providing you with a safe system of work you may be entitled to bring a claim for damages.
Contact Gerard Malouf and Partners on 1800-004-878 for a complementary free consultation to assess your legal rights and to provide you with free advice.