Our client was employed as a General Storeman with a local hardware company. He was responsible for assisting customers with their various hardware enquiries and was also responsible for stacking and restocking shelves.
On the date of injury, he was required to use a ladder to restock some plumbing equipment on a high shelf. The job would usually require two people as the boxes of equipment weighed over 20 kilograms. However, unfortunately on this particular date, our client was offered no assistance from his work colleagues.
In the process of placing the items on the shelf, he noticed a sharp pain in his lower back. He reported the injury to his employer and continued working. Over the next few weeks, he noticed that his pain was gradually deteriorating and attended upon the care of his General Practitioner who ordered X-rays and MRI’s. The scans showed that our client had a very serious lower back injury and he was eventually referred to a treating surgeon who recommended that he undergo a lower back operation.
The treating surgeon then sought approval from the workers compensation insurer who accepted liability for the surgery. Under the Workers Compensation Scheme, if you are injured at work you are entitled to three main forms of compensation:
- Compensation for medical expenses incurred as a result of the work related injury and related travel expenses;
- Weekly payments as a result of your incapacity to work; and
- A lump sum payment for your Permanent Impairment, if you satisfy the necessary threshold of 11% Whole Person Impairment (WPI).
Fortunately, the workers compensation insurer accepted liability for the claim and compensated our client for his weekly wage entitlements as well as his medical expenses.
Our client contacted our office shortly after his operation to enquire whether he would be entitled to any other form of compensation in relation to his workplace injury. At this stage, he was not aware that he was also entitled to a lump sum compensation payment in relation to his Whole Person Impairment.
We advised our client that he would be entitled to a lump sum compensation if his injuries were deemed to be 11% Whole Person Impairment or greater. The process would require him to be examined by a WorkCover approved doctor who would determine his impairment rating.
We then arranged for our client to be examined by a medico-legal doctor who opined that our client suffered a Whole Person Impairment well over the 11% threshold. We then served the medical report on the insurer and demanded that they compensate our client in relation to his permanent injury.
The workers compensation insurer agreed with the medico-legal doctor’s opinion and our client was compensated over $25,000 for his lower back injury, in addition to the weekly expenses and medical benefits he was already receiving.
The team at Gerard Malouf and Partners are compensation experts who can provide you with free legal advice regarding your workers compensation injury.
If you have been injured in a workplace accident, you may be entitled to a lump sum compensation pay out. Call Gerard Malouf and Partners, the compensation experts on 1800 004 878 to discuss your workers compensation entitlements.
