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    • Medical Negligence
          • Medical Negligence

            We believe you deserve the best in medical care and we understand the trauma experienced when that care is less than adequate. That’s why we hold medical professionals accountable when medical care and treatment fall short of expected standards and result in adverse outcomes.

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    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Place Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Providing a Safe Workplace

A Work Injury Damages claim is a claim that is made against a worker’s employer for damages where a worker has been assessed at an agreed whole person impairment of 15%, and, the worker’s injury was caused by, or as the result of, their employer’s negligence.

In this case study we review a recent case in which we obtained a successful outcome for our client in a Work Injury Damages claim against his employer for the employer’s negligence in failing to provide a safe workplace.

Facts

Our client was an experienced motor mechanic and was working in that capacity when he suffered a devastating injury to his back, which resulted in an assessed whole-person impairment at or above 15%, which met the requisite threshold to bring a claim for Work Injury Damages. 

During the course of his duties, he (with the assistance of some of his workmates), was required to move a gearbox from a Mitsubishi Pajero which weighed approximately 150kg. Our client and his colleagues used hydraulic jacks to assist with lifting and moving heavy vehicle parts.

The hydraulic jack at the workshop was supposed to have four wheels on the base to enable the jack (and the items it was carrying) to be moved. At the time, the jack had only three wheels and a wooden “chock”, positioned on one corner of the base, so that the jack remained level when stationary. However, it was not as manoeuvrable as it should have been due to that defect.

The workshop floor was also covered with air hoses, wooden chocks and other equipment, which represented a clear and obvious trip hazard for workers.

When our client and his workmates tried to move the 150kg gearbox, using the faulty hydraulic jack, the jack became stuck and our client tripped on air hoses, causing him to twist awkwardly and momentarily bear most of the 150kg of the jack on his own. At that moment, he suffered a severe injury to his lower back.

Allegations

Our client alleged that his employer breached its duty of care to him to provide a safe work environment, among other things, by failing to provide safe, functional and adequate lifting equipment for use in his employment, and by failing to ensure that the workshop was free of trip hazards.

Instead, the equipment provided by the employer for the lifting of heavy engines and engine parts was either broken or inadequate, which meant that the only option for lifting was assisted manual lifts. The employer had also failed to implement a policy or system that required the removal of hoses from the workshop floor.

The Case

As part of the work injury damages claim, our client obtained and relied on a detailed expert report as to the breaches of the duty of care as well as various expert medical reports addressing his ongoing impairment, incapacity for work, and loss of income. The employer did not serve an expert report on liability in reply but did obtain various reports suggesting our client had some capacity for work.

The matter was set down for mediation organised and facilitated by the Personal Injury Commission. The mediation allowed both our client, the respondent employer, and its insurer to discuss the matter and enter negotiations to resolve the claim. Whilst the matter did not resolve at mediation, it did resolve a few days later with our client receiving a significant sum of money representing his past and future loss of income and superannuation.

As the matter was resolved by negotiation, our client was not required to formally commence his claim by filing proceedings in Court.

If you or anyone you know, has suffered injury from a work-related accident, it is imperative that they obtain early legal advice from an experienced worker’s compensation solicitor. Doing so may ensure that, if they are entitled to bring a work injury damages claim, it is considered at an early stage and strategies are implemented to ensure maximum compensation is ultimately received. If you would like to know more contact us on (02) 4050 0330 or book an appointment here.

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