Work injury Common Law Negligence Claim results in excess of $200,000 for client

PUBLISHED 26 Mar 2013

Our very hard working and well motivated client had a deserved outcome to his Common Law negligent claim for possible future loss of earnings. He had sustained injuries during the course of his employment in late November 2009 and though not a young individual, we were able to show that his future earnings will be affected as a result of the injuries sustained.

The usual process of a Common Law/Work Injury Damages matters requires an injured worker to finalise a lump sum claim for the impairment and pain and suffering under the workers compensation scheme, prior to pursuing a Common Law Negligence Claim. For this particular worker, we had finalised his lump sum claim for his impairment and pain and suffering under the workers compensation scheme for an amount just over $60,000.00.

We obtained instructions from our client to pursue a Common Law claim and immediately commenced enquiries and gathered the necessary evidence to prove negligence on the part of the employer and also prove a reduced work capacity in the on part of the injured worker, which had resulted from the injuries. Common Law proceedings were commenced and as soon as it was practicable, we had applied for Mediation which is basically, a settlement conference. The Mediation took place in early March 2013 where we achieved a very satisfactory result of just under $200,000.00 in damages.

Our client continues to be employed, earning a similar amount to his pre-injury earnings. However, despite his capacity to earn, through proper preparation, we were able to build our case to ensure a prosperous outcome by showing that reduced earning capacity will be more profound in years to come.

Our client was very impressed with the outcome, an outcome which he did not believe was possible.

Building the claim to its fullest potential meant that we were able to achieve the maximum amount in compensation.

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