Compensation Payouts in Victoria

Our client was exposed to asbestos in the course of their employment as a Cleaner in the late 1970's. They developed lung that we are able to link back to that exposure. Supreme Court proceedings were issued in the expedited list, and a very good result was able to be obtained for our client at a pre-hearing conference without having to proceed to litigation.

Our client sustained psychiatric injuries including PTSD after they were assaulted by patrons in their work as a gaming attendant at a pub The injuries had a significant impact on their social, recreation and domestic activities and left them completely incapacitated for work. LHD Lawyers were able to negotiate $120,000.00 in damages within 6 months of lodging the application.

Our client was diagnosed with breast cancer in 2015 and underwent several years of treatment for the invasive breast cancer. The Insurer initially disputed this claim and issued Procedural Fairness submitting that our client's condition had not stabilised and they had made return to work attempts. Moreover, the Insurer argued that our client's cancer had resolved and they could consequently return to some work. Our office placed this claim on hold for some time, requested updated medical reports from their treating doctors confirming their cognitive and functional impairments following treatment for the invasive cancer and their psychological symptoms that had developed as a result. Our office responded to procedural fairness with medical evidence confirming their inability to return to any type of work within their education, training and experience and made arguments relating to our client's failed return to work attempt. LHD Lawyers were successful in having this client's TPD claim approved and they received a total benefit of $598,358.

Our client, who was represented by their mother, suffered from various intellectual and physical disabilities. Their father died at work as a timber feller when a tree fell and struck them on the head. LHD Lawyers lodged a dependency claim on behalf of our client and was able to obtain the sum of $115,000.00 in settlement of the claim.

Our client sustained injuries in an incident where their left hand became caught in machinery in the course of their work as a contractor on a farm. They were not covered by workcover as they ran their own business as a sole trader. We were able to obtain a very good result for our client by pursuing the operator of the farm directly. There were contributory negligence issues in play, but the matter was able to be resolved at mediation.

Our client sustained a left foot injury in an incident where they stepped on a pit lid and it flipped, causing them to fall into the pit. Multi-defendant matter where liability was hard fought. The matter was able to be resolved at mediation.

Young client who sustained injuries in 2018 in an accident where they were a passenger in a vehicle that was struck head on by another driver who was at fault. Significant debate with the TAC over whether the injuries satisfied the 'serious injury' threshold required in order to claim common law damages. Ultimately, we were able to provide sufficient materials to the TAC to obtain the grant of the required certificate, particularly in respect of our client being forced to change their employment role solely due to their injuries. We then proceeded to obtain a settlement of the claim for damages at conference with the TAC.

Our client sustained lower back injuries when they were required to bend over in a tight and confined space in order to decommission a chilled water plant room at work. They underwent surgery and injections however continued to suffer ongoing lower back pain and a restricted range of movement. They were unable to return to work as a refrigeration mechanic, however were eventually able to return to predominantly office work. LHD Lawyers negotiated a $165,000.00 settlement for our client, after the claim was ultimately rejected by the Defendant then fought and won at court.

Client sustained injury in circumstances where they were a passenger in a vehicle that ran off the road. The accident occurred in 2008, and the statute of limitations had long expired when the client retained LHD. After a protracted and hard fought matter, a resolution was able to be obtained with the TAC ahead of a scheduled VCAT hearing.

Our client's right wrist injury did not satisfy the threshold to claim pain and suffering damages. However, we were able to persist and obtain a settlement for special damages only via informal negotiations with the defendant.

Our client suffered right shoulder and back injuries in their work as a constant patient observer at a hospital when a high fall risk patient with dementia being assisted by our client to go to the bathroom pushed our client back onto a metal bar, then fell and yanked our client to the floor with him. They returned to work however required physiotherapy and counselling to manage the ongoing pain and limitations. Despite the application being initially rejected, LHD Lawyers fought the application at court and were able to negotiate $80,000.00 in damages within a year of lodging the application.

Our client sustained various injuries to their neck, shoulders, arms and back from multiple incidents over periods of employment that spanned over both self-insurance by the employer and insurance by WorkSafe Victoria. LHD Lawyers obtained a settlement for all injuries over each period of employment in the sum of $235,000.00.

Our elderly client sustained back and hip injuries in an incident where they tripped and fell at a large retail store. Our client's injuries were assessed by the Medical Panel as not meeting the threshold required to claim pain and suffering damages under the Wrongs Act. This decision was appealed to the Supreme Court, and we were successful in overturning the Medical Panel decision, paving the way for the resolution of the claim for pain and suffering damages.

Client was a pedestrian and sustained injuries when they were struck by a vehicle crossing a road in circumstances where it was getting dark and they were not at a marked pedestrian crossing. TAC initially denied liability for common law purposes. We were able to obtain a resolution at conference with the TAC for an amount that involved a reduction for contributory negligence.

Our client sustained right shoulder injuries in their work as a mobile flash butt operator as a result of performing heavy and repetitive duties. They were required to use a crowbar to manually align two pieces of railway track weighing over a tonne, as their employer failed to provide an excavator. They underwent multiple injections and surgeries, however continued to suffer ongoing pain and restriction and were unable to return to work. Our client also suffered psychiatric injuries which resulted in the breakdown of their marriage. Despite the application being initially rejected, LHD Lawyers fought the rejection and were able to negotiate $365,000 in damages plus retention of $177,785 in weekly payments for our client within 10 months of lodging the application.

Client sustained significant injuries when rear-ended in a collision. Received a significant impairment assessment that provided them with a deemed serious injury certificate. The common law resolution was reached on the basis that they retain their impairment compensation, taking the total settlement to effectively $300,000 for pain and suffering damages only.

Our client sustained injuries to their right shoulder and arm when they slipped and fell whilst cleaning at the end of their restaurant shift. They returned to work on restricted hours and duties however required surgery to their shoulder and suffered ongoing difficulties with the activity of daily living. LHD Lawyers were able to negotiate a settlement of $125,000.00 in damages within 6 months of lodging the application.

Our client suffered multiple severe injuries after a boiler they were working on exploded. Though our client returned to their workplace on light duties within two months, LHD were able to successfully prove the client was not engaged in real world employment and secure their benefit payment in less than 6 months from lodgment.

Client sustained significant injuries when rear ended and pushed into the path of oncoming traffic. In addition to obtaining an excellent result on the client's common law claim, we were able to successfully pursue a dispute application with the TAC in relation to treatment expenses that were initially denied.

Our client sustained psychiatric injuries in their work as a teacher as a result of isolating, intimidating, aggressive and bullying conduct by the leadership team, resulting in them no longer being able to continue working. Our client became anxious, socially withdrawn and lost their self-esteem, as they took great pride in their work as a teacher spanning many decades. LHD Lawyers negotiated a $150,000.00 settlement for our client within 10 months of instructing our firm.