24 December 2018

A recent case study of a work injury damages claim.

Our client, a 62 year old truck delivery driver, sustained injuries to his back and leg in the course of his employment. Whilst at a site to deliver rolls of insulation, a roll struck him as he was alighting the back of his truck. The insulation roll struck him causing him to fall out of the truck and onto concrete flooring.

Due to the fall off the truck, he suffered serious injuries to his lower back including disc bulges, nerve root impingement, and radiculopathy. This resulted in time off work to recover from his injuries.

Unfortunately, before consulting us, our client ran into some difficulties with his employer and the workers compensation scheme:

  • Only a couple of weeks after his accident, the claimant was advised that he was no longer required and was dismissed from his employment.
  • The claimant lodged a claim for workers compensation, which took a significant time to be accepted by the insurer.
  • He required surgery to his back however the insurer denied his surgery request.

At this point, he sought advice from one of our expert personal injury lawyers. We were able to have the insurer approve the surgical procedures he required and ensured he received all his statutory entitlements according to the workers compensation scheme. This included medical expenses, weekly compensation payments and a lump sum for his injuries.

Further, as our client’s injuries were assessed at 18% whole person impairment by the Workers Compensation Commission, we began the process of preparing a claim for work injury damages, also known as a common law claim. This type of claim provides a lump sum for past and future economic loss and concludes all future rights to compensation.

In order to make a claim for Work Injury Damages you are required to prove that:

  1. The injury resulted due to the employer’s negligence;
  2. You must have at least 15% whole person impairment, which must be accepted by the insurer or by the Workers Compensation Commission;
  3. You must have already received all statutory lump sum entitlements.

A report from a suitably qualified expert was obtained to provide an opinion as to whether the employer was negligent for failing to provide Work, Health and Safety training to the claimant; whether the employer provided a safe system of work and whether sufficient training was provided to carry out the claimant’s job adequately.

A mediation was organised with the insurer where we provided the relevant expert opinion report on liability, investigator’s statements, medical evidence, and income loss documents. Ultimately, the insurer made an offer in excess of $190,000.00 and our client was very happy to accept the offer in order to resolve his claim. As such, the matter was resolved at mediation and without the need to proceed to a District Court hearing and our client was extremely thankful.

The information is current as at the date of publication of this article. The above article is of a general nature only and does not constitute legal advice. Law Advice Compensation Lawyers are experts in work injury claims. For a free, no obligation assessment of your injury claim call us on 1800 122 555 or complete our Free Claim Advice Form and get the compensation you deserve.

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