Our client, a 58-year old former truck driver, had a right leg amputation when he was a teenager as a result of a motorbike accident. While he would have occasional left knee pain as a result of that accident, it was not significant and the pain would settle within a day or two.
During the course of our client’s employment as a truck driver, he was required to pull down on a load on a trailer when the ratchet gave away and this caused our client to half-slip.
Our client partly lost his balance and hit his left knee on a metal step that was attached to the trailer. Immediately after the incident, he went into his workplace’s first aid room where his manager provided him with an ice pack to ease the pain.
A few days later, our client slipped while exiting a car that was on a trailer. He didn’t have enough space to ascend and descend the trailer, due to the trailer not having three points of contact to place his footing, causing his knee to jolt. Our client felt an immediate onset of pain to his left knee because of this incident.
As a result of this incident, our client suffered an injury to his left knee and had to undergo a total knee replacement surgery in 2019.
Our client experiences persistent pain in his left leg, aggravated by movement or when sitting and during extended standing periods. He is reliant on medication and physiotherapy, and deals with stress, loss of libido, broken sleep, depression, reclusive habits, and bouts of anger. His injuries have resulted in a loss of independence, career opportunities, and financial stability.
One of the first steps in our approach was to obtain IRO funding, followed by obtaining medical reports, hospital discharge summaries for his total left knee replacement, and other important documents that would assist his independent medical examiner.
We arranged an independent medical examination which found that our client had suffered from 16% WPI because of his injury. The insurer also arranged an independent medical examination for our client that stated that our client had suffered from 14% WPI because of his injury.
We were not satisfied with the 14% WPI that was outlined in the report. As a result, we served an ARD (application to resolve a dispute) to the insurer’s solicitors. As a result of us serving an ARD to the respondent, a Medical Assessment was arranged by the Personal Injury Commission (PIC) for our client. Following this, a MAC (Medical Assessment Certificate) was provided by the medical assessor which found that our client had suffered from 20% WPI as a result of the injury to his left knee.Â
Our client accepted a lump sum settlement of 20% whole person impairment (WPI) from the insurer in the amount of $51,780.00, in accordance with a Medical Assessment Certificate.Â
Our pursuit for justice for our client does not stop here. If a worker satisfies a threshold of 15% whole person impairment, as ours did here, they can commence a Work Injury Damages claim (Common law negligence claim). We are currently investigating a Work Injury Damages claim for our client.
We work with experienced medical legal experts and barristers to ensure our clients receive the maximum compensation they deserve. Our expert team here at Gerard Malouf & Partners offer a “no win, no fee” arrangement where the client does not have to pay any fees until their matter is successfully resolved.Â
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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