Relevant Details
- Age group: 50-55
- Injuries: Lumbar Spine, Psychological
- Occupation: Labourer
- Key issues: Liability, Medico-Legal Evidence (IME)
Background
The claimant suffered a serious lumbar spine injury when they fell from a balcony whilst moving furniture into the property. The claimant suffered a serious laceration to the lumbar spine and, in the months that followed the fall, developed nerve issues which affected their lower limb function.
Although the claimant was not in active employment at the time they were injured, the lumbar spine injury and associated lower limb radiculopathy significantly affected the claimant’s ability to perform basic tasks which would be expected in the workplace. This meant the claimant presented as a very unfavourable candidate on the labour market because of his ongoing symptoms and therefore his prospects of getting a job and returning to the workforce were substantially reduced.
Claims Process
- After being discharged from hospital, the claimant acted promptly to gather relevant evidence from the incident site including photographs of fall location, video footage of the broken balcony, and witness statements.
- The claimant notified the property owner of the incident who instigated their public liability insurer. The insurer then communicated with the claimant and managed the claim moving forward. This involved sending a factual investigator to the incident location and obtaining witness statements.
- The public liability insurer provided limited funding for the claimant to seek medical treatment in the form of orthopaedic specialist consultations, physiotherapy and pain relief medication. The claimant eventually reached the point of maximum medical improvement and was capable of being assessed for permanent impairment.
- The insurer invited the claimant to make an informal offer of settlement which the claimant thought was premature and sneaky. It was at this point the claimant consulted Main Lawyers for assistance with the claim.
- The parties then obtained their own independent medical examination (‘IME’) reports which presented varying expert opinions about the severity of the claimant’s injury, the cause of the ongoing symptomology, and the likely effect of the injury on their ability to work in the future.
- Once all relevant evidence had been obtained and exchanged, the parties agreed to participate in a settlement conference to see if the matter could resolve without the need for court proceedings and fortunately, a settlement agreement was reached.
- Due to efficient evidence gathering and a well-selected IME neurosurgeon, the claimant was able to avoid the costly exercise of commencing court proceedings and resolve their claim inside of 18 months from the injury date.
The Result
The claimant was able to resolve their matter for a compensation payment without the need to file the claim in the NSW District Court – something they really did not want to do. Not only did the early outcome provide the claimant with a financial benefit, but the claimant was extremely relieved to bring a close to the matter so that they could try and move on with their life.
This information is provided as a practical case study only. The outcome of each case depends on its own merits and the legislation that applies at the time.
