During the course of his employment, our client was tasked with the duty of manually unloading a stock truck with his fellow co-workers. The system involved one staff member standing on top of a truck who dropped the packages about 1 metre below the truck into the arms of the other staff member. When our client had the stock dropped to him, the weight of the stock pushed our client backward, causing him to slip and fall to the ground and suffer a serious injury to his right shoulder.
Fed up with the pain and wanting to know his legal rights, our client contacted Gerard Malouf and Partners and sought the assistance of an experienced Workers Compensation Solicitor. Upon our initial conference with the client, it was clear that our client needed assistance in order to achieve his maximum rights to justice.
A claim for statutory benefits was lodged through the worker’s compensation insurer and liability was subsequently accepted. This entitled our client to receive weekly compensation and medical benefits. Given the significant nature of our client’s injuries, the expenses totaled around $380,000.00 and included the cost of two operations, associated hospital and rehabilitation expenses. We supported our client through his treatment and ensured that he always knew where he stood.
Once our client’s injury had reached a point of maximum medical improvement, we were then able to pursue a lump sum claim for compensation. We sought the assistance of an accredited medico-legal assessor who assessed our client for Whole Person Impairment. After our investigations, we asked the medico-legal assessor to provide an assessment not only for the initial injured right shoulder but also for his left shoulder. The reason for this was we had discovered that there was a further injury caused to our client’s left shoulder as a result of over-use after the accident. This is known as a ‘consequential injury’. The accredited assessor found our client to have an impairment rating of greater than 16% whole person impairment (WPI%). This entitled our client to receive an initial amount of lump-sum compensation of around $23,600.00.
Given our client’s impairment was 15% or greater, we lodged a further lump sum claim through the worker’s compensation insurer for common law proceedings, or Work Injury Damages (WID). This is what is commonly known as a negligence claim. The negligence in this matter was that over time the employer consistently failed to provide adequate resources, undertake risk assessments, and devise a safe system of work for its employees.
We obtained expert evidence and sought the advice of an experienced barrister to collate all the required information for our claim and successfully prepared our client’s matter for mediation. We then attended the Workers Compensation Commission alongside our client for the compulsory mediation with the defendant. Throughout this process, we successfully managed to negotiate a settlement ensuring our client will receive over $250,000.00 cleared in his account.
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 004 878 for a complementary free consultation to assess your legal rights and to provide you with free advice.