Our client sought the help of an experienced Workers Compensation Lawyer when he suffered an injury to his lower back while working on a railway.
During his employment, our client stepped between a gap in the rails which caused him to fall heavily to the ground and injure his lower back. Looking to pursue his entitlements under the Workers Compensation system, our client called us and enquired about a claim for statutory benefits.
With the help of our accredited specialists, our client was able to lodge a claim for statutory benefits with the workers compensation insurer. This entitled our client to receive weekly compensation and medical benefits including the cost of rehabilitation and the associated hospital expenses. Overall, our client was able to save around $300,000 on medical treatment and rehabilitation.
After our client’s injury had reached a point of maximum medical improvement (MMI), we were then able to facilitate an impairment assessed by an accredited assessor in order to pursue a lump sum claim.
A worker is considered MMI when their injury reaches a point of stability, that is, the injury is not going to get any better or any worse.
The accredited assessor determined that our client had an impairment rating of 17% Whole Person Impairment (WPI%) relating to a back injury. This entitled our client to receive an initial lump sum compensation amount of around $26,500.
After the resolution of the claim, our experienced Workers Compensation Lawyer notified our client that he also had other entitlements.
Given our client’s impairment satisfied the threshold of 15%, our client was also able to pursue a common law claim. This is what is commonly known as a negligence claim. The negligence in this case was that over time the employer consistently failed to uphold their duty of care and did not minimise any potential harm or risk that could eventuate from the working conditions of the job.
We successfully prepared and lodged a claim which included expert evidence and the advice of experienced barristers. After a compulsory mediation with the Defendant at the Workers Compensation Commission, our experienced Workers Compensation Solicitor successfully managed to negotiate a settlement which ensured that our client would clear $400,000.
Our expert team here at Gerard Malouf & Partners offer a “no win, no fee” arrangement where the client does not have to pay any fees until their matter is successfully resolved.
Have you suffered a workplace injury? Or do you know someone who has?
Contact Gerard Malouf and Partners on 1800 205 909 for a complementary free consultation to assess your legal rights and to provide you with free advice.