At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.
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Our client was working as a registered nurse at a mental health facility at the time of the injuries, aged 56.
While assisting a patient in a wheelchair down a flight of stairs, as the lift were not operational, the patient got scared and leant forward. This caused our client to go in a forward and back position, falling and taking the weight of the patient.
This resulted in our client injuring her back, suffering immediate pain to her right shoulder and a burning sensation in her back.
Approximately 5 months after her first injury, she suffered from a flare up aggravation injury when she tried to work through another shift. She found that she was in too much pain at work. As a result of this second injury, our client’s employer organised a work injury incident form for the insurer.
Following these two injuries our client was informed that she will not be able to work as a nurse ever again.
Our client suffered injuries to her back, left leg, right leg, neck and her right arm as a result of her two injuries. More specifically, our client had injured her lumbar spine with a large disc prolapse at L3/4 level associated with radiculopathy. She suffered an injury to her cervical spine causing musculoligamentous, facet joint and disc trauma at C4/5 and C5/ levels causing radicular symptoms in the right arm. She had to have surgery to the lumbar spine with partial L2 and open L3/4 laminectomy and L3/4 discectomy. She also suffers from recurrent disc protrusion at L3/4 following surgery and chronic pain syndrome.
Our client accepted a lump sum settlement of 19% whole person person impairment (WPI) from the insurer in the amount of $51,246.05 inclusive of a 5% uplift for lumbar spine only, in accordance with the medical report that was provided by the insurer’s IME.
When our client initially came to us she had not reached Maximum Medical Improvement (MMI) for her injuries, therefore she was not stable for WPI assessment. We had to wait for her to reach MMI.
To help our client, we obtained IRO funding and we obtained medical reports including clinical notes from our client’s treating doctors. We got our client an independent medical examination in August 2022. The independent medical examination that was conducted in August 2022 found that our client had suffered from 19% WPI as a result of her injuries.
During this IME, the independent medical examiner relied on medical reports, clinical notes, clinical records and medical scans that we provided them with to assist them in the creation of the report.
Following this IME, the insurer also got our client to do an independent medical examination with their independent medical examiner who also found that our client had 19% WPI.
Our pursuit for justice for our client does not stop here. If a worker satisfies a threshold of 15% whole person impairment, as ours did here, they can commence a Work Injury Damages claim (Common law negligence claim). We are currently investigating a Work Injury Damages claim for our client.
We work with experienced medical legal experts and barristers to ensure our clients receive the maximum compensation they deserve. 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.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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