Relevant Details
- Age group: 50-55
- Injuries: Cervical Spine, Head, Psychological
- Occupation: Manufacturing
Nature of Claim
The claimant suffered a significant injury to their cervical spine whilst working in their trade–qualified profession. The claimant lodged a NSW workers compensation claim and after all reasonable treatment, was assessed as suffering a whole person impairment exceeding 15%. The claimant elected to lodge a claim for work injury damages against their former employer.
The claimant alleged that their employer breached their duty of care and that breach resulted in personal injury. The claim was wholly disputed by the defendant, including all allegations of negligence, injury, loss, and damage.
Background and Employment
The claimant had extensive experience in the manufacturing and production industry, including previous roles in fabrication, welding, and construction. The claimant had also held senior management positions which involved staff supervision, administrative oversight and task delegation. At the time of injury, the claimant was earning a considerable wage from employment.
After sustaining the cervical spine injury, the claimant experienced extreme difficulty completing heavy manual type tasks such as lifting metal, wearing a welding mask, and using handheld tools. The effect of the claimant’s cervical spine injury extended beyond the workplace and eventually lead to the development of a secondary psychological injury.
Claim Process
- The claimant initially lodged a NSW workers compensation claim with the State Insurance Regulatory Authority (‘SIRA’) and received statutory claim benefits such as weekly wages, treatment funding and rehabilitation related expenses including a cervical spine surgery.
- Once the claimant’s injuries had reached maximum medical improvement, they were assessed for permanent impairment and it was determined that their degree of whole person impairment (‘WPI’) exceeded 15% which meant they were entitled to commence a work injury damages claim.
- Main Lawyers assisted the claimant by drawing the work injury damages claim and gathering the required evidence to support the claim including additional independent medico-legal reports and witness statements.
- The insurer assessed the claim and denied liability in full. As is required, the parties participated in a mediation before the Personal Injury Commission but were unable to resolve the claim.
- Thereafter court proceedings were commenced which ultimately resulted in the insurer offering to resolve the claim for an amount significantly greater than what was previously offered. The claimant accepted the offer and the court proceedings were discontinued.
The Result
Thereafter court proceedings were commenced which ultimately resulted in the insurer offering to resolve the claim for an amount significantly greater than what was previously offered. The claimant accepted the offer and the court proceedings were discontinued.
Despite the inherent risks of litigation, the claimant decided to stand firm and commence court proceedings and within eight (8) months of filing the proceedings in the NSW court, the claimant settled the claim for a sum of damages that was acceptable to them.
