Sometimes achieving the right outcome for a client means knowing when to fight, when to wait, and when to settle.
We recently assisted a 62-year-old injured worker whose workers compensation journey had continued for approximately five years.
At an earlier mediation, the insurer was not prepared to offer more than $150,000. At that stage, our client had already settled his permanent impairment claim at 15% Whole Person Impairment (WPI) and still required spinal fusion surgery. Rather than finalising the matter prematurely, the mediation was discontinued to allow him to undergo surgery and for his condition to stabilise.
Following surgery, we arranged a further medical assessment, which assessed our client at 25% WPI. The insurer’s doctor subsequently assessed him at 24% WPI. Importantly, his workers compensation claim was reopened, allowing his treatment and weekly compensation payments to recommence.
Over the life of the claim, our client received approximately $290,000 in weekly compensation payments.
At the final mediation, the insurer commenced with an offer of just $100,000.
After extensive negotiations, we achieved:
💰 $312,500 inclusive of costs — CLEAR of the approximately $290,000 already received in weekly compensation.
At age 62, however, achieving the highest possible settlement figure was not the only consideration.
Our client was receiving approximately $938 per week. If those payments continued for another five years until age 67, they could amount to approximately $242,000.
But those future payments were not guaranteed. They remained dependent upon ongoing medical certification, insurer reviews, work capacity decisions and continued compliance with the workers compensation system.
We therefore had to look at the bigger picture: his age, medical condition, future weekly benefits, the risks of litigation, the potential delay of proceeding to Court, and the certainty and financial security that a settlement could provide.
That is what personal injury law is about for us.
It is not simply about achieving a settlement. It is about helping our clients understand all of their options and making the decision that best protects their future.
After approximately five years standing beside our client:
$150,000 maximum offer at the earlier mediation
➡️ $312,500 final settlement
➕ approximately $290,000 already received in weekly compensation
A long journey finally brought to an end — and our client can now move forward with certainty.
#AllianceCompensationLawyers #WorkersCompensation #WorkInjuryDamages #PersonalInjuryLaw #AccreditedSpecialist #WorkersCompensationNSW #InjuredWorkers #NeverGiveUp
