A young father had been working strenuously at a warehouse for a department store. His role required him to stack various items onto pallets and thereafter have them stored in the appropriate sections of the warehouse. The goods are then delivered to the various department stores for sale.
Our client had been working rigorously in order to support himself and his partner as they prepared for the birth of their first child. The work he was required to do was repetitive and heavy, as you would expect in a large warehouse where the role involves stocking various goods and items. Despite the job being heavy and repetitive, injuries could and should have been avoided.
Unfortunately, our client sustained a serious lumbar spine injury and had been incapacitated as a result. Following the injury, he required spinal surgery as well.
The injury and the subsequent surgical procedure and treatment was a setback for this young man as he was preparing for fatherhood. He had hoped to be a good provider for his family and a great supporting figure for his child. The injury had ruined his plans and obviously this had impacted on the quality of his life. Not only was he incapacitated as a result of a physical injury, but also because of the psychiatric injury he had developed as a consequence.
The effects of these types of injury not only impedes on an individual’s ability to work and provide for his young family, they also impede on an individual’s ability to perform normal day to day activities. As had occurred with our client in this instance, not only was he unable to support his family financially because of his injury, he was also restricted from various activities and involvement that would be expected of a father. The couple had a son and in the initial stages our client found it difficult in assisting his partner in caring him. A minor thing such as carrying his son was a problem. As time passed our client found out that playing with his son was also a problem and this had impacted on him emotionally.
The role that we undertook in this matter at Gerard Malouf & Partners was to ensure that this individual was appropriately compensated to the maximum compensation available to him.
As part of our role, we were successful in challenging a decision from the insurer to stop weekly compensation payments. This was at a time after our client had back surgery and had concluded his rehabilitation. Despite the surgery and rehabilitation, our client continued to be totally incapacitated from work due to the effects of the physical injury and the psychiatric condition that he had developed.
Further, at GMP Lawyers we were able to assist the young man in receiving a lump sum payment for his impairment.
The matter then advanced to a work injury damages claim as his impairment rating was beyond the threshold requirement of 15% whole person impairment (WPI). Although this individual was able to investigate a claim for work injury damages as he had satisfied the impairment rating of 15% WPI, the proceedings itself was difficult as there was no real specific incident which had caused the injury. The injury to our client was due to repetitive work and what we had pleaded was that there was an unsafe system of work. We argued that the employer should have had a better rotating system, additional store workers to assist and more regularly breaks.
Despite the stern defence from the workers compensation insurer, the claim for work injury damages eventually did resolve.
At the conclusion of both his statutory workers compensation entitlements and the common law proceedings, the insurer had paid just under $600,000 in compensation towards this injured worker.
As a law firm acting on behalf of injured workers, Gerard Malouf & Partners understand the impact that an injury has on an individual and their families. We do not provide the medical treatment or home care for our clients, but what we do is ensure that their claim is streamlined efficiently and quickly and at the same time ensuring maximum compensation for them. The compensation money that our client received will not change what has happened and of course the injury itself will continue to be an impediment for him. What we were able to do at GMP Lawyers is to ensure that the process was done quickly, efficiently and with minimal stress on our client and thereafter ensuring that he receives maximum compensation which is available to him through his claim. The compensation he has received is an advantage to him as he steps into the future and tries to rekindle some quality in his life.
For assistance from Gerard Malouf & Partners relating to a work injury or injury occurring other than work, you may contact us by phone on 1800 004 878 or complete our email enquiry form that you will find on our website.
