Beilby Poulden Costello Lawyers has had significant success in claiming work injury damages on behalf of those workers who are severely injured in a work accident. Work injury damages are payable if your injury was caused by your employer for negligence as a result of that employer’s failure to take reasonable care of you whilst in the course of employment. A claim for work injury damages may only be made where you have been said to suffer a whole person impairment of at least 15%.
Our partner, Matthew Garling acted for a client who sustained a significant back injury which occurred at work and required surgery. Our client had consulted a number of solicitors in relation to his injury and unfortunately those solicitors had failed to advise him of his rights to pursue a claim in negligence against his employer. Due to the lapse of time since the injury the case was out of time and our client needed leave of the Court to proceed.
Our client first consulted Matthew in 2006. Matthew recognised that the client had rights in negligence against his employer for failure to provide a safe system of work. Our client was employed to lift and carry heavy tubs of fish and ice weighing in excess of 40 kilograms. That work caused our client to sustain his low back injury. Our client was severely disabled and is unlikely to return to any work.
To obtain compensation our client needed the leave of the Court to proceed with his claim out of time. Matthew initially was successful in obtaining this leave from the Court and our client was then able to proceed with a claim in negligence and obtain work injury damages in respect of his loss of future earnings.
This case highlights the need to ensure that you obtain early and proper advice from a lawyer who is a specialist in personal injury law.
By Matthew Garling
Publish Date: February 20, 2008