A 65 year old man was injured at his workplace in Sydney when a co-worker operating a forklift collided into him. As a result of the impact the injured man was taken by ambulance to hospital where it was later discovered he had suffered multiple internal injuries requiring surgery as well as soft tissue injuries to his neck and back. The injured man contacted Gerard Malouf & Partners Compensation Lawyers to find out his rights in respect of a work compensation claim for injuries.
It was automatically clear that our client had entitlements in relation to a claim for Workers Compensation which would include benefits to cover time off work, medical expenses and a lump sum payment for permanent impairment. Gerard Malouf & Partners are experienced and accredited personal injury lawyers, this experience meant that we were able to recognise that our client also had rights and entitlements in respect of a motor accident claim for compensation. In certain circumstances injuries sustained as a result of a forklift can be regarded as a motor vehicle accident and compensation awarded in accordance with the Motor Accidents Compensation Act 1999 (“MACA”). A claim for a motor vehicle accident provides greater entitlements to an injured person as far as a claim for compensation is concerned. A claim brought under the MACA meant that our client was able to make a claim for non-economic loss (pain and suffering), past and future treatment expenses, past and future wage loss and past and future domestic care and assistance.
As a result of his injuries our client required an extensive period off work before returning on light duties. Although 65 years of age our client had an intention to continue working as long he was able and at least to age 70. As a result of his injuries his ability to continue work had been diminished and he was no longer able to perform the overtime or duties he regularly preformed prior to the accident.
Under the MACA in order for a claimant to be entitled to compensation for non-economic loss (pain and suffering) it must be established that their injuries meet a required threshold of 10% whole person impairment. Our experienced compensation lawyers were able to obtain appropriate medical evidence which established our client’s injuries exceeded this threshold. This was than reaffirmed by an independent medical assessor, allowing our client to make a claim for the impairment he had sustained. Once all of the evidence was gathered in support of our client’s claim we were able to successfully negotiate a settlement during a mediation between the parties. The matter resolved whereby our client received approximately $645,000 in compensation for his injuries. Our client was ecstatic with the result and was able to set aside the funds to plan for his future.
If you have been injured in an accident contact Gerard Malouf & Partners Accredited Specialist and Personal Injury Lawyers today. Let us help you get maximum compensation.
