Our client was employed In Blacktown. He was a store manager and was restocking the shelves one evening after close. As our client was restocking the shelves, he was also wiping them down and cleaning them with a wet rag. Whilst in the process of doing this, he lost balance on the ladder causing him to fall. Our client landed very heavily on the wall, with his head hitting the corner of a wall, where two walls meet.
As a result of this accident our client sustained serious injury to the neck, which resulted in him requiring surgery involving a neck fusion. Sometime after this surgery our client returned to work on light duties. He has since changed jobs, is working full time and earning a significant amount less than previously.
After attending a medical assessor, our client was given a whole person impairment of 24%. As per the legislation, this resulted in an amount being paid out to our client of $43,313.50.
Following on from this, as our client’s injuries exceeded the 15% whole person impairment threshold, a claim was made for work injury damages. Work injury damages, better known as common law negligence claims, are claims for economic loss.
In this particular claim our client had lost income as follows:
1) Time off as a result of the accident, surgery and recovery from surgery;
2) Lower hours worked as a result of lighter duties;
3) Lower pay now than that of his pre-injury employment.
Accordingly, the workers compensation solicitors at Gerard Malouf and Partners made a claim on this basis. The solicitor, barrister and client attended a mediation with the insurer’s legal representative in an attempt to settle this case. After several hours of negotiation a settlement figure of $120,000.00 was reached and agreed upon. This amount was added to the $43,313.50 previously won for the client, resulting in a total amount of over $160,000.00 being awarded.
If you or anybody you know is suffering from a work related injury, please do not hesitate to call our highly specialised workers compensation team at Gerard Malouf and Partners.