Our client was a middle aged woman approaching retirement age. She was employed as a clerk for a firm and was being bullied at work. This woman had several incidents with a co-worker who would abuse her, was aggressive towards her, abrupt and would often threaten her. Our client attempted to report this behaviour to her management on a number of occasions. Despite the complaints little was done to rectify the problem and our client continued to receive abuse. This led to our client developing a number of psychological issues and she was eventually diagnosed as having Major Depression.
At Gerard Malouf and Partners we do not stand for bullying in any way, shape or form. If you have received any form of bullying in the work place and this is affecting your life, you do not have to stand for it. This client came in to Gerard Malouf and Partners to discuss proceeding with a claim against her worker, and accordingly a claim was made.
As this claim was one for psychological injuries, before our client could obtain any lump sum payments, she had to first show that she had a whole person impairment of at least 15%. Had her injuries been physical in nature this threshold would not have applied. The solicitor’s at Gerard Malouf had the client medically assessed, and this resulted in an assessment of 17% whole person impairment.
From this assessment our client received in a lump sum compensation payout consisting of two figures:
1) $25,000.00 for her 17% whole person impairment;
2) $20,000.00 for pain and suffering. Please note that pain and suffering payments have since been abolished. Our client received a $45,000.00 lump sum payout.
Following from this, the solicitors at Gerard Malouf made a claim for Work Injury Damages. Work Injury Damages claims are purely economic loss claims. These claims can only be made if the injured worker has satisfied the necessary threshold of at least 15% whole person impairment. Our client had an impairment of 17% and therefore satisfied this requirement. The 15% threshold to pursue a work injury damages claim, unlike the lump sum threshold, is the same regardless whether it is a physical or psychological injury.
Importantly, our client was not working and was unlikely to do so with her psychological harm suffered. She had approximately 10 years left until retirement age. A claim in regard to Work Injury Damages was put forth for past and future economic loss. The solicitors and barristers of Gerard Malouf attended mediation with the client and the insurer’s legal representative. Ultimately the parties negotiated until they saw eye-to-eye, and a settlement figure of over $400,000.00 was reached.
Added to our client’s lump sum compensation payments of $45,000.00 she was able to walk away with over $450,000.00.
Bullying in the workplace can cause serious psychological injuries and you do not have to stand for it. If you have been on the receiving end of workplace bullying, or if you are aware of anybody that has been, please do not hesitate to contact the highly experienced workers compensation solicitors at Gerard Malouf and Partners, who will assist you in requiring the outcome you deserve.
