One of our clients’ who was employed as a welder had received the benefit of around $800,000 in compensation. This culminated with the payments for medical expenses, loss of wages, lump sum for his injury and damages in a work injury damages claim.
It is not unusual for seriously injured workers to receive significant amounts in compensation. It is unusual to hear that there is a large payout in workers compensation claims and the real reason is because a lot of the compensation payable to injured workers are paid periodically for wage loss and for medical expenses, they are paid directly to the treatment provider.
The injury sustained by one of our clients’ who worked as a welder resulted from the employer’s negligence. One can rightly say that the act of negligence was only minor, but that is all that is needed for a Common Law Negligent claim to succeed.
The injury on the other hand was not minor. In addition to receiving periodic payments for loss of wages in the form of weekly compensation our client also received a lump sum for his impairment and pain & suffering and damages in a work injury damages claim
Throughout the years, our client had been receiving periodic payments of weekly compensation and was covered for medical treatment totalling around $300,000. He was then successful in receiving close to $500,000.00 by way of lump sum payments for his impairment and pain & suffering claim and damages in the Common Law negligent claim respectively.
Receiving the final amount for damages in the Common Law claim did not come without a challenge by the insurer. After two unsuccessful settlement conferences, we were still able to resolve the claim prior to having it set down for hearing. On our third attempt of settlement our client was offered a significant amount prompting him to accept.
The offers from the workers compensation insurer increased on each occasion we had met for settlement discussions. On the first occasion, the offers were reasonable but not acceptable as we believed a trial Judge would award a higher amount in damages. In the second settlement conference, the insurer’s offer had increased but still not to the position where we wanted it to be. At the time of the third settlement meeting the insurer had increased their offer significantly. Our client was very happy to accept and the claim settled.
As with all our clients, we stood side by side with this client ensuring that medical treatment expenses including travel were paid. We were also vigilant to ensure he continued to receive weekly compensation payments for loss of wages. In fact, payment for medical treatment and weekly compensation continued even after the lump sum impairment and pain & suffering claim had finished. Of course all entitlements ceased when the Common Law negligent claim finally settled.
Our task as personal injury lawyers is not only to focus on the final result, but also to ensure our clients’ are protected throughout the life of the claim from the point they instruct us to the very end.