On many occasions, injured workers do not believe that they have a right for compensation simply because they believe that their injury was caused doing what they consider as being normal. Of course, many of these workers do not have the knowledge of what is normal and what is safe and acceptable type of work. As a personal injury law firm at GMP Lawyers, we do know the difference. We also know that if a system is in any way unsafe and as a result an injury is caused, then compensation is achievable.
The history for this particular labourer involves heavy manual labouring work. The main problem stems from the heavy and constant use of a wheelbarrow and the manoeuvring of construction material including timber, cement bags and sand.
According to our client, this is the usual requirement of a labourer and had he not consulted our firm, he would not have benefited from the compensation payout that he had received.
Sure the requirement of a labourer is to push wheelbarrows full of material and that the work also involves a lot of lifting which is quite heavy. However, even in a heavy laborious job as a construction labourer, there are limits in which an individual can deal with on a daily basis. It is common sense that if you are lifting or pushing which is too heavy, it can result in an injury and it usually is a lumbar spine injury.
The problem with the system in this instance is the excessive weight loading of the wheelbarrow, which was regularly packed beyond the brim. The task is even made more difficult when pushing a wheelbarrow on an uphill incline and could be equally awkward and difficult in circumstances when wheeling the same items going downhill. When doing this. there has to be stern control of the wheelbarrow which puts a lot of strain on an individual’s body.
On many occasions it cannot be said that the employer’s action or inaction was intentional. Employers do not want to see their workers injured. In this instance, the employer was sympathetic towards the worker. Despite the sympathetic employer, our client is unable to carry on with the same duties as he was doing prior to his injury and is no longer able to earn at the same capacity as he was prior to the injury.
In proceeding with a workers compensation claim and also a work injury damages claim, our client had the benefit of compensation of close to $300,000.00. This compensation is something he would not have aware of, had he not contacted a specialised personal firm like here at GMP Lawyers.
Although our client did not appreciate the merits of his claim, he appreciated the necessity of engaging a professional law firm, which led him in contacting our office at Gerard Malouf & Partners. He is certainly pleased that he has done so and although his health cannot be restored, he has been placed in a better financial situation.
There are always uncertainties in life and what we invite people to do at Gerard Malouf & Partners Lawyers is to simply ask.