Worker from Orange compensated over $365,000.00 after a furniture carrying mishap

PUBLISHED 12 Feb 2016

Our client was working as a truck driver when he sustained an injury carrying a piece of furniture. By attempting to remove the furniture from the back of the delivery truck, he and a co-worker were edging a cupboard off the back of the truck towards the employers store. During the carrying process, the furniture was about to slip off the back of the truck, causing our client to make an exerted effort to prevent it from falling off. In an effort to save the furniture our client injured himself. Through his attempts to save it, he felt sudden and severe pain to his back, which turned out to be a significant injury.

He remained incapacitated from work since the accident and also proceeded in having spinal fusion surgery. This is a major step considering that this man was quite young.

This client contacted our workers compensation department at Gerard Malouf and Partners following his fusion surgery, to enquire about his entitlements. He was not aware of entitlements from lump sum benefits for impairment and certainly had no idea about a potential common law claim.

He was very pleased with our preliminary advice and did not hesitate to instruct us to act for him. After obtaining instructions we took the normal step in seeking funding from the Workers Compensation Independent Review Office (WIRO) to cover our professional fees for the claim and to cover the costs of any disbursements.

Following approval from WIRO we had our client assessed by a medico-legal specialist for an assessment on whole person impairment and due to the nature of the surgery, he was given an impairment rating greater than 15%. The lump sum compensation received for his impairment claim was approximately $30,000.00.

As there was an element of negligence in how the injury was sustained and as our client satisfied the necessary threshold of 15% to pursue a Work Injury Damages claim (Common Law Negligence Claim), we provided him with advice about commencing this process and he elected to do so.

After much work in progressing the claim, the matter proceeded to mediation, whereby the solicitors of Gerard Malouf and partners, with the assistance of a barrister, negotiated a settlement figure for our client. Our client was present at the mediation instructing us during the mediation progressed.

Our client was in his working prime, however it was agreed that he would also have some capacity to work in the future, albeit outside of the spectrum of manual labour.

The claim eventually settled for an amount over $335,000.00, clear of any payback to the workers compensation insurer. This settlement was in addition to the approximate $30,000.00 he had received for his impairment claim, weekly compensation payments and medical treatment expenses.  

At the outset our client had little clue about what he would be entitled to by way of compensation and for that reason he did not have any high expectations. As the workers compensation claim progressed (followed by the Work Injury Damages claim), he developed an understanding of the processes as a result of the constant updates and advice were had given him. He was directed and advised appropriately and the outcome for him far exceeded his expectations.

Having trust in us at Gerard Malouf & Partners he allowed us to guide him to achieving a result far greater than what he had expected. When you have confidence with someone guiding you, you will reach your desired destination. That’s what we aim to do at GMP Lawyers. We aim to guide each of our clients to the desired destination.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.