19 December 2022

Passenger in scissor lift injured at work lodges successful Workers Compensation claim, Lump Sum claim, Work Injury Damages claim and Total and Permanent Disability claim

Our client was very fit and healthy and was proficient in martial arts, loved to dance and enjoyed an active lifestyle.  He worked as a labourer for most of his life.

He duties at his work were to install industrial shelving and rack systems.  On the day of the accident, our client was working on top of a scissor lift where the lift was being operated by another staff member.  The driver moved the scissor lift forward, trapping our client between a steel beam, causing his head to get caught and crushing his chest and head.  Upon being released and taken down from the scissor lift, our client was driven to the hospital by a staff member.

As a result of the accident, he suffered crush injuries to his chest and developed Post Traumatic Stress Disorder from the incident. 

The injuries were severe enough to stop his return to work and all personal activities.  He was no longer able to enjoy any of his previous outdoor activities and has not been able to return to any type of physical work due to the pain he experienced, and the trauma suffered.

Our client contacted us by telephone to discuss his injuries and sought the assistance of LawAdvice Compensation Lawyers with lodging his Workers Compensation claim.  Our team explained how we could assist with his Workers Compensation claim and that he may be eligible for a section 66 permanent impairment lump sum claim and a subsequent Work Injury Damages claim.  During our investigations, we determined that our client may also be eligible to lodge a Total and Permanent Disability claim with his superannuation funds.

Many expert opinion reports were obtained by our firm.  Reports from a Psychiatrist, Physician in Rehabilitation Medicine, Consultant Psychiatrist, Orthopaedic Surgeon, Occupational Therapist and Vocational investigator were used to determine the extent of our client’s whole person impairment and incapacity.  Our independent medical examinations indicated that our client suffered from a whole person impairment greater than 10% according to the AMA IVth Edition Guidelines.

Our client’s treating medical evidence and income loss documents were also obtained by our firm in support his claim.  We also sought advice from a Barrister specialising in workers compensation claims in order to prepare the matter for an Informal Settlement Conference (ISC).

The ISC was organised with the insurer where we provided all relevant reports and income loss documents.  We engaged in settlement negotiations, and we came to a sum that was eventually accepted by all parties.   The agreed total settlement for all claims was more than $700,000.00 and our client was very thankful for the advice and the outcome.


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