Workplace Law (CTP)
– Brad

The facts:

Our client sustained serious injuries when it was pinned between a forklift and a steel skip during the course of his employment. The accident was caused by the fault of the driver of the unregistered forklift on the employer’s premises.

The Injuries:

Immediately following the injury, our client experienced severe pain and swelling and was placed on light duties because of his ongoing symptoms. Over the following months and years, our client’s right knee condition gradually worsened, ultimately requiring surgical interventions and ongoing physiotherapy. As a result of his injuries, our client was left with severe pain and swelling, as well as problems standing, walking and using stairs. His ongoing disabilities severely impacted on his ability to undertake his employment or to assist with the care of his young children.

Our strategy:

As a result of our client’s dissatisfaction with his previous solicitors, Monaco Solicitor initially became involved with our client when he approached us to take over the management of his workers compensation claim. However, it soon became apparent that the circumstances of our client’s injuries (involving a motor vehicle) also gave rise to a much more valuable set of entitlements under CTP legislation, in addition to his workers compensation rights. Accordingly, while continuing to manage our client’s workers compensation claim, Monaco Solicitors also commenced a CTP claim in the Sydney District Court on behalf of our client.

Due to the severity of his injuries, it was also determined to have our client assessed by the Motor Accidents Assessment Service. This assessment was successful, and resulted in our client establishing a right to compensation for non-economic loss in addition to the usual compensation damages.

The result:

As a result of the thorough pursuit of all available claims for compensation by this firm, the matter was successfully resolved at mediation, with our client receiving a substantial settlement of $605,000 inclusive of costs and out of pocket expenses.

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