Our client was a team member of a construction group which were resurfacing a suburban footpath in Sydney. Our client was operating the “Stop/Go” sign when a car drove through the construction area at high speed. And in order for our client to avoid being hit by the car, he jumped backwards.
Unfortunately, as our client jumped backwards to avoid being struck by the car, an excavator machine which was working directly behind our client ran over his right foot resulting in a serious crushing injury to the foot and ankle.
Our client was able to claim Workers Compensation for his injury and liability was accepted so the workers compensation insurer paid him weekly benefits of compensation for time off work in addition to payment of all of his medical expenses, which were substantial.
The driver of the car at fault did not stop and was never identified and therefore, in addition to his Workers Compensation rights, our client was able to bring a Motor Accidents personal injury claim for his injuries through the Nominal Defendant. A claim can be made through the Nominal Defendant in various circumstances, for example where the vehicle is uninsured or unidentified.
The claim was accepted by the Nominal Defendant.
In addition to our client’s physical disabilities, which included constant severe pain in his foot and the inability to walk without the aid of forearm crutches, he also suffered severe psychological effects from the injury due to his pain levels and an uncertain prognosis.
After obtaining qualified doctors reports to support his claim from orthopaedic surgeons, rehabilitation specialists, psychiatrists and an occupational therapist to assess our client’s ongoing treatment needs and requirement for home care, we were able to commence proceedings in the Motor Accidents Authority on his behalf.
Our client was assessed by the Motor Accidents Authority appointed Neurosurgeon as having a 34% whole person impairment due to his injuries to his ankle and foot. We were therefore able to bring a claim on his behalf for general damages for pain and suffering, past and future economic loss, loss of superannuation, past and future treatment expenses, past and future domestic assistance as well as house and car modifications.
The claim was eventually settled between the parties for over $2 million.
Workers compensation and motor vehicle accident lawyers Sydney
At Marshall & Gibson Compensation Lawyers Sydney we specialise in personal injury claims resulting from workplace injuries and motor vehicle accidents. In this case our client was a construction worker who sustained a serious injury to his foot and ankle after jumping out of the way of a speeding car, leading to his right foot being run over by an excavator machine. Our client was able to lodge both Workers Compensation and Motor Accidents personal injury claims, resulting in substantial damages being awarded.
We have a proven track record having won over 99% of our motor vehicle accident injury and workers compensation cases. We’re so confident in our legal expertise with workers compensation and motor vehicle accident injury claims that with our “No Win-No Fee” basis, you only pay if we win your claim for you.
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