At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.
Read Our Latest Articles, Case Studies Or Commonly Asked Questions Concerning Your Legal Claims And Compensation Law.
Our client was employed as a shop assistant in a home retail shop. While she was working, she went up a ladder to retrieve a box. As she came down, she missed the last step and fell to the ground, injuring her left ankle. She was driven to the hospital, where X-rays confirmed that she had fractured her ankle. Medical professionals also found she had a blood clot (DVT) and she was started on blood thinning tablets.
She lodged a worker’s compensation claim with her employer’s insurer. They accepted liability for her weekly payments and treatment expenses to assist with her recovery and rehabilitation and return to work.
As she worked through physical therapy, our client experienced ongoing pain in her left ankle while walking, sitting and climbing the stairs. She required ongoing analgesics, physiotherapy treatment and was fitted with special orthotics. The insurer subsequently ceased her ongoing weekly payments and treatment expenses and issued a section 78 dispute notice concerning her incapacity to work and treatment expenses.
We challenged this denial of ongoing liability for her work injury.
We arranged for an independent medical examination and assessed by an orthopaedic surgeon. This medical professional could then determine that she had residual pain in the left ankle with a decreased range of motion. Her post-fracture course was complicated by DVT.
She also had residual swelling around the left ankle that the orthopaedic surgeon determined left the patient with permanent impairment. The left ankle and loss of range of motion, deep vein thrombosis and permanent impairment rendered our client immobile and unable to work.
She was also medically examined and assessed by a vascular surgeon. He determined that she had to wear stockings for her swelling legs.
She suffered drastic weight gain due to her immobility and incapacity to work. She felt unbalanced and had numerous falls. In addition to all of the negative experiences she had after the fall, her feet continuously felt hot and she needed to see a podiatrist regularly. It was determined that she had lower leg impairment due to peripheral vascular disease arising from her work injury.
Moreover, she suffered from a consequential sleep disorder condition due to her chronic pain and the need for pain relief medication. She had moderate sleep fragmentation and suffered from a combination of pain and sleep-disordered breathing. This prevented her from remaining alert, concentrating and returning to full-time employment. Doctors determined she suffered from permanent impairment due to a sleep disorder condition arising from her work injury.
We applied to the PIC Commission concerning her claim before weekly payments due to her incapacity to work:
The matter was referred to a hearing and it was determined and ordered that the insurer pay her weekly payments for whole-person impairment under AMA5 due to her injuries, as well as her reasonable and necessary medical treatment expenses.
If you suffer an injury at work, and you can establish, using medical evidence, that your employment is a substantial contributing factor to your injury, you may be entitled to receive compensation.
Compensation would include:
For a free no-obligation consultation please contact our toll-free number at 1800004878 or submit an enquiry online to discuss your injury and the details of your accident.
If you have suffered an injury at work, or while making your commute to or from work, you’re entitled to workers’ compensation. This may seem like stating the obvious, but there are members of the public who are completely unaware of what accident compensation they are entitled to if anything were to ever happen.
In order to sue your Employer for negligence, it needs to be shown that the injury was caused as a result of the Employer’s negligence.
Aside from establishing negligence, you need to satisfy a threshold of 15% Whole Person Impairment in order to commence proceedings against the Employer.
If the impairment is below 15% Whole Person Impairment, you would not be permitted to commence a Common Law negligent claim.
The main differences between a workers’ compensation claim and a personal injury claim are:
John’s Journey: Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July
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