Our client was employed as a machine operator and sustained an injury to his hand as a result of a malfunction in the machine he was using. His right hand was caught in the rollers and he lost all the fingers except for the right thumb.
Following his workplace injury, he lodged a claim with the workers compensation insurance company. The insurance company accepted liability for his workers compensation claim and he was paid reasonable medical expenses and weekly compensation.
Unfortunately, our client’s symptoms were quite severe, and he was required to undergo over 15 operations to repair the damage to his hand and fingers. Asa result of the operations, our client sustained significant scarring and also developed problems sleeping due to the excruciating pain in his hand. He also developed an infection in his hand following the vast amount of operations he underwent.
During the time that he was undergoing operations to his hand, he instructed our office to pursue a claim for lump sum compensation.
An injured worker is only entitled to lump sum compensation in relation to permanent impairment if they satisfy the threshold of 11% whole person impairment. That is to say, lump sums are not payable for impairment if it is at a level of 10% or less.
We then arranged for our client to be assessed by a WorkCover approved doctor in relation to his Whole Person Impairment. Following the assessment, we submitted a formal claim on the insurer for lump sum compensation in relation to his Whole Person Impairment. Following negotiations with the insurer, we were able to settle our client’s claim for $90,000 in compensation in relation to his Whole Person Impairment.
In the event that your injuries are very serious and you are determined as having 15% whole person impairment or greater, you would be entitled to a much more generous type of claim being a work injury damages, claim which would result in a much greater lump sum payable to you.
After the settlement of his workers compensation matter, our client further instructed our firm to initiate proceedings against his employer for a Work Injury Damages Claim.
Have you suffered an injury at work? Do you know of a family member or friend who has suffered an injury at work?
Contact Gerard Malouf and Partners on 1800-004-878 for a complimentary free consultation to assess your legal rights and to provide you with free advice.
