Our client was an offsider for a factory when he severely injured his neck, elbows, and lower back. He was stepping onto a trailer tailgate when he lost his footing, slipped, and fell. He lost consciousness and had to be taken to the hospital for immediate treatment.
He underwent multiple major surgeries to his neck and back, and underwent various forms of treatment including physiotherapy, cortisone injections, and medications to help alleviate his pain.
Under the workers compensation system, a worker with an accepted injury is entitled to:
Our client’s claim for workers compensation statutory benefits was accepted and this entitled our client to receive weekly compensation and medical benefits, including the costs associated with his surgeries.
After our client recovered from his surgeries, we had our client assessed for permanent impairment by a medical legal expert and lodged a permanent impairment claim. However, in response to our claim the insurer proposed a counteroffer which was significantly lower than what we had proposed.
Our experienced team worked around the clock and lodged an application in the Personal Injury Commission. Our lawyers put together reports from treating doctors, specialists, and independent medical examinations to ensure the lump sum amount accurately reflected the impairment our client had suffered from.
The Personal Injury Commission ordered the insurer to pay our client an amount equal to 34% whole person impairment, in lump sum payment. By doing so, he becomes a high needs worker under the scheme to protect his future workers compensation benefits for life.
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 and intend to make a claim for his past and future economic loss.
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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