Beilby Poulden Costello Lawyers has over the years acted in thousands of workers compensation matters for workers who are claiming lump sum compensation in respect of a permanent impairment sustained as a result of an injury at work. These types of claims are common however they require the assistance of a specialist personal injury lawyer to make sure that the right result is received.
A recent example of this was when our partner, Matthew Garling acted on behalf of a client who sustained multiple fractures as a result of a car accident whilst on her way home from work. It appeared that the car accident was our client’s fault because it was suggested that she had fallen asleep at the wheel whilst driving home from a late shift.
Her car veered on to the incorrect side of the road and collided with another vehicle travelling in the opposite direction. Interestingly, the driver of the vehicle travelling in the other direction was drunk recording a blood alcohol level of 0.14, almost three times the legal limit. Our client could not however recover any compensation under the Motor Accidents Compensation Act as the accident was considered to be her fault.
She did however have rights to claim compensation under the Workers Compensation Act and in particular lump sum compensation for the multiple fractures that she sustained. As a result of the accident she sustained a fracture to her right arm in two places, her right femur, right lower leg, left lower leg, foot, fracture to the L5 transverse process as well as significant soft tissue injuries, cuts and abrasions. Our client spent six months recovering in hospital.
The insurance company made an initial offer of settlement of 21% whole person impairment in accordance with the report obtained by them under the WorkCover Guidelines of the Evaluation of Permanent Impairment. Having reviewed the report and consulting with the client, it was clear that the assessment of whole person impairment was inadequate.
A number of medical examinations were obtained for our client including assessment of her orthopaedic injuries as well as scarring. Our assessment of the whole person impairment was 47%. As a consequence our client was able to obtain some $80,000.00 more in compensation than what was originally offered by the insurance company. This was in addition to her continuing to be able to claim wage loss for periods in which she was unfit for work and an ongoing entitlement to payment of all reasonable and necessary medical treatment.
By Matthew Garling
Publish Date: March 2, 2008