Jim, our client, was injured at work when a truck he was about to unload, being driven by an outside contractor, unexpectedly and without warning rolled backwards and pinned him against a hoist.
He was trapped for about 20 seconds, and suffered serious internal injuries as well as a brain injury.
Jim was covered under his employers workers compensation insurance, and the Insurer concerned acted in a fair and reasonable manner. Jim underwent life saving surgery, and thereafter received comprehensive medical treatment of a very high standard, which was funded by the Workers Compensation Insurer. Jim also received weekly payments for loss of wages.
Unfortunately it became obvious that Jim would never be able to return to the workforce again or lead a full and happy life.
The accident was caused as a result of negligence on the part of the driver of the truck. The brakes on the vehicle were defective, and this was known to or ought to have been known to the driver.
Jim was able to make a claim under the Motor Accident Compensation Act 1999 (NSW) against the CTP Insurer of the truck. Such a claim gives rise to considerably higher damages than either a Workers Compensation Claim or a Work Injury Damages Claim.
From the proceeds of the CTP claim all payments made by the Workers Compensation Insurer are deducted and repaid to that Insurer, and all Medicare payments (if any) are also refunded to Medicare.
Jim was entitled to receive general damages, (pain and suffering compensation), as well as compensation for his past and future loss of earnings, his past and future medical expenses and his past and future care.
Jim was left in a position that he was financially secure and thus able to continue with the medical treatment that ameliorated his symptoms of pain and distress. A good outcome, for a man in a very sad and unfortunate situation.
If you or someone you care about has been involved in an accident at work concerning a motor vehicle, you may be entitled to compensation. For more information, and to arrange a free, no-obligation assessment of your claim, please call Stacks Goudkamp on 1800 25 1800, or alternatively make an online enquiry.
Written by Sue Owen.
Sue Owen is a solicitor in Ian Chipchase and Anna Tavianatos’ Practice Group. Sue works with Ian and Anna on a variety of compensation claims including workers compensation claims, motor vehicle accidents and civil liability claims.