Our client was injured whilst working in a factory. His initial injury occurred as a result of a lifting accident. Following this accident his doctors recommended he undergo surgery on his back, which he did, and he returned to work approximately 6 months after the initial injury.
Upon his return to work, he had another unfortunate lifting incident causing a further aggravation to the problem. Once again he was declared unfit to work. Although he was unfit to return to work, his employer insisted he return to work as they were short-staffed. Despite his reluctance in doing so, our client felt pressured by his employer and returned to work. With the demands at work, he was once again required to partake in heavy lifting.
Our client continued to work on and off for the following 3 months, having sporadic time off work because of ongoing pain. He was then involved in a final incident whilst bending over and repairing a piece of machinery. Following this, he was rushed to hospital and it was once again recommended that he have another procedure performed to his lower back.
Several months past but due to persistent pain he then endured another back operation, being the third procedure in 18 months.
Following this third surgery, our client started having urological difficulties. As a consequence of this he is now required to self-catheter and continues to do this at least 4 times each day. This man suffered serious injuries as a result of his work injuries.
During the proceedings we had our client assessed by our medico-legal experts and it was determined that he has an impairment rating of over 50%. This level of impairment rating represented the severity of the injuries. Here at Gerard Malouf and Partners we made a claim for lump sum compensation, and the insurer accepted a settlement amount of over $250,000.00 for impairment and pain & suffering.
Our client well exceeded the necessary threshold of 15% whole person impairment to pursue a Common Law negligent claim against his employer, and accordingly, a work injury damages claim was commenced. This is a claim for economic loss, both past and future.
Gerard Malouf and Partners enlisted a barrister to assist with the claim which proceeded to a mediation. During mediation, negotiations were exchanged with the insurer’s legal representative but unfortunately, the insurer had offered approximately $200,000.00 less than what we believed would be a fair outcome for our client and negotiations broke down. Following this, we commenced court proceedings.
As the matter was approaching a hearing date, the compensation solicitors at Gerard Malouf and Partners and the solicitor for the insurer continued negotiating in an attempt to settle. Ultimately, the insurer came up with the additional sum which was close to $200,000.00 more than what they offered at mediation. The work injury damages claim settled for $650,000.00, clear of any paybacks to the insurer which itself exceeded $600,000.00.
At Gerard Malouf and Partners, we will fight for the rights of the individual. Our aim is not to get a quick fix, but to obtain the most deserved outcome. This client deserved the compensation he was given and what we continue to stress at GMP Lawyers is that no worker should be required to work through an injury.