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We acted in accordance with our ‘’No Win No Fee’’ policy and lodged disputes with the insurer challenging their decisions in relation to treatment and payment of wages.
Given that our client had suffered from a loss of income, he was entitled to bring a claim for common law damages which is a lump sum claim for past and future loss of income, past and future loss of superannuation entitlements as well as a claim for the tax paid on the weekly wage benefits received from the insurer.
Our client’s injuries were so significant that after successfully disputing the extent of his whole person impairment, the insurer eventually conceded that his injuries exceeded the 10% whole person impairment threshold. This entitled him to also receive compensation for pain and suffering. This is also known as damages for non-economic loss.
However, the battle was not yet won. Once we had obtained all the necessary documentation including all details in relation to his prior employment as well as all relevant medical evidence, we were able to participate in a settlement conference with the insurer to try and negotiate a settlement of the claim.
After making offers back and forth with the insurer, we were able to reach an agreement and his claim settled for $1,900,000 inclusive of legal costs.
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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