Wayne and Henry Carus + Associates

The Story about this WorkCover Claim

Wayne was involved in a high speed truck accident whilst at work.  Another driver crossed on to the wrong side of the road and hit Wayne’s vehicle, causing it to run off the road, hit a tree and trap Wayne inside the crushed cabin.  Wayne suffered fractures to his knee and lower leg, had extensive surgeries, lengthy bouts of rehabilitation and return to work programs, but was eventually made redundant by his employer.

The claim was a no-brainer as the crash wasn’t Wayne’s fault.  He was entitled to a WorkCover impairment benefit and the TAC awarded him a Serious Injury Certificate without contest.

We pursued a common law claim under the TAC scheme for Wayne as it allowed him more scope to increase the potential amount of benefit he could claim.

With a motor vehicle claim, the TAC has to take in to consideration how the injuries of the motor vehicle accident may compound any pre-accident injuries and to what degree that combination now affects a person’s life.

The hurdle for Wayne’s claim was that we had to prove he was entitled to a higher benefit for his leg injury as he had a pre-existing brain injury which affected some aspects of his life, including his ability to obtain employment in an open job market.

We therefore had to obtain expert reports detailing the seriousness of Wayne’s pre-existing injury and how both Wayne’s leg injury and brain injury now affected his ability to obtain work and the impact these injuries will have on his lifestyle.

Wayne’s matter went for 6 years but eventually settled at mediation with a very good result, obtaining almost 3 times more than expected.

Here’s what Wayne had to say about his matter:

Having a workplace accident takes a major toll on yourself and family in many different ways. There are some physical injuries that can be initially obvious, but there are others that can develop in the future such as emotionally and personally.  I had a workplace accident in 2011 but it took 6 years to resolve. After my accident, my employer had a workplace obligation to see that I could return to work in some form of capacity and that obligation is only limited for a certain amount of time.  I underwent a lengthy rehabilitation process, further surgeries and a return to work program. After all that, I wasn’t able to return to my prior role and my employer was unable to place me in an alternative role. My employer then terminated my position which left me in emotional and financial limbo and I was devastated. I had limited employment opportunities at that time and a family to care for. I had a previous connection to the Henry Carus organisation which made my decision to approach Henry a lot harder in the sense that business and friendship at times does not work.  But the professionalism of Henry Carus & Associates goes beyond what I could have imagined.  I was kept up to date as much as possible, bearing in mind that this process can take many years to finally resolve itself.  When I was getting discouraged with the how long this process takes, Henry would say to me “time is your friend”. I could not be more pleased with what Henry Carus and his team were able to achieve on my behalf. The outcome I got at settlement was far more than what I was expecting, which has allowed myself my wife and our children a better future.  Recommending Henry Carus & Associates is a no brainer.

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