Our client worked as a picker for a large furniture store. The job of a picker requires him to do a lot of heavy lifting and manoeuvring of various items out of the company’s racking system. In 2009, whilst doing a heavy lift our client suffered an injury to his back. Eventually he came to surgery requiring a week in hospital and several months of rehabilitation. He is now left with spasms in his back, pain down his legs and numbness in his feet. His ability to play any sport has been destroyed and he can no longer drive.
David Hartstein, Special Counsel at Taylor & Scott, commenced workers compensation proceedings as the first stage of a claim designed to compensate both for the injuries our client has suffered and his ongoing financial losses that continue as a result of our client not being able to return to work as a picker.
Recently David has been able to secure the lump sum entitlements and as the whole person impairment exceeds the threshold for a work injury damages claim, David is now in the process of bringing a damages claim on our client’s behalf.
Commenting on the case, David stated:- “Under the compensation laws in NSW, in order to bring a negligence claim against your employer, you must exceed a threshold of whole person impairment, namely 15%. Fortunately, my client exceeds the 15% threshold and now I am able to proceed with a work injury damages claim alleging negligence against my client’s employer. Hopefully this will lead to either a settlement or an award in favour of my client which hopefully will give him financial security for the future. The claim is essentially a claim seeking a lump sum payment for the financial losses that my client will suffer up to his retirement”.
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