Our client was employed as a clerk in a transport company. Her duties involved undertaking data entry, proof-reading, re-checking registration details, checking products, client details, and other complex information. Our client did not take any morning tea or regular lunch breaks due to being overloaded with work.
On the date of the injury, our client was severely psychologically injured as a result of being exposed to unjustified criticism and unreasonable, overly strict, and hypervigilant behaviour by her manager over several months. The Plaintiff found this behaviour highly intimidating and began to become anxious. Due to not taking breaks at the exact time that was specified, the employer advised our client that they were going to give her a formal warning letter. As a result of the severe psychological injury caused by the employer’s behaviour, our client was unable to return to work.
Our client has not been able to perform her pre-injury employment duties since the date of injury. It is unlikely that the Plaintiff will ever be able to return to work due to her injuries.
We successfully settled a permanent impairment claim for 16% Whole Person Impairment. Because our client’s Whole Person Impairment was agreed at over 15% WPI, she became eligible to potentially bring an additional claim for Common Law Modified Damages, also known as Work Injury Damages, which is a claim in negligence.
We obtained expert evidence and prepared the claim in negligence against the employer. We subsequently participated in a compulsory Mediation. The matter was successfully resolved by our senior solicitor and experienced barrister negotiating with the Defendant at the Mediation. Our client ultimately received over $500,000.00 in compensation from the worker’s compensation insurer.
Have you suffered a workplace injury? Or do you know someone who has?
Contact Gerard Malouf and Partners on 1800 004 878 for a complimentary free consultation to assess your legal rights and to provide free advice.
