We acted for a Claimant who was a passenger in a motor vehicle where the vehicle at fault struck the vehicle on the side where the passenger was sitting. The Claimant had neck, both shoulders and lower back pain immediately after the accident. The Claimant was very shaky and anxious days after the accident.
We lodged an Application for Personal Injury Benefits to claim for his ongoing income loss and medical expenses which were automatically covered for the first 26 weeks. It was found that his physical injuries were minor, but his psychological injuries were non-minor which allowed him to lodge a
Common Law Damages Claim.
The Claimant worked as a manager and mainly has sedentary duties. None of his work requires any physical demands. This meant that he was able to return to full-time work. His income also increased gradually each year.
The insurer alleged that there is nothing wrong with him and that he has completely recovered. This is not entirely true. The Claimant was fortunate enough to have a caring employer who was able to accommodate the Claimant’s physical and mental restrictions. The Claimant was unable to concentrate, became more anxious and experienced flashbacks of the accident which was evident in his clinical records. We made the following submissions to the insurer:
- The Claimant’s career progression has significantly hindered as he is working with restricted duties such as taking frequent breaks and doing less tasks, despite working full-time again;
- The Claimant’s increase in income was due to CPI (Consumer Price Index) increases which is very common in all industries;
- The Claimant cannot be certain how long he can maintain working full-time;
- The Claimant is clearly disadvantaged in the open employment market as there may be employers who are unwilling to accommodate injured workers. This affects the Claimant’s ability to find new jobs.
Given the abovementioned points, we have successfully settled for $75,000.00 all-inclusive which cleared him $50,000.00. This reflects any loss of income in the future which he may have such as time off work and loss of opportunity for promotions.
The Claimant’s medical entitlements continue as his psychological injury is non-minor. This is a significant bonus for him to progress his recovery.
Alliance Compensation & Litigation Lawyers looks at all aspects on your injuries caused by an incident how they affect your future. Protect your future with our firm and call us now on (02) 8764 1776 to speak to our experienced compensation lawyers.
