Shellharbour woman awarded over $350,000.00 after being injured due to a patient’s fall

Published 10 Jan 2015

Our client was injured whilst working as a home care worker. She was assisting a patient from a wheelchair into a recliner. The patient had had a previous history of stroke and was overweight, and did not have much bodily control. In the process of assisting the patient, the patient stumbled back, causing our client to fall, and her patient landed on her. Our patient suffered significant injury to her neck and shoulder. Ultimately our client was required to have a fusion surgery on her neck.

We had our client assessed by out medico-legal experts whereby she was given an impairment rating of 28%. The solicitors of Gerard Malouf and Partners made a compensation claim on this basis, and the insurer accepted a settlement amount of just over $50,000.00.

This client well exceeded the necessary threshold of 15% to make a claim in negligence against her employer, and accordingly, a work injury damages claim was commenced. This is a claim for economic loss, both past and future. Our client was earning approximately $400.00 per week at the time, and was approaching retirement age.

The solicitors at Gerard Malouf and Partners enlisted a barrister to assist with the claim. A mediation was organised whereby the insurer attempted to negotiate a settlement figure with us. On the day, the insurer was not willing to offer more than $175,000.00 for our client’s claim. The solicitor and barrister deemed that this was not an appropriate amount and advised our client to proceed to court. Our client accepted this advice.

After commencing court proceedings, the insurer came back to the solicitors at Gerard Malouf and Partners requesting we partake in an informal settlement conference. Following the amounts being offered at mediation, this gave an opportunity to discuss a settlement with more potential. Ultimately, after hours of negotiation, an offer was made by the insurer for an amount of $300,000.00, clear of any weekly compensation payback. As is evident, this is a significant amount more than what was offered at mediation. The client accepted this offer with much delight.

At Gerard Malouf and Partners, we will fight for your rights and we will fight for what you are entitled to. If your, or anyone you know has suffered an injury at work, please do not hesitate to contact us as you too may be entitled to workers compensation.

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