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I fell over at work over 12 months ago breaking my arm and…

I fell over at...

I fell over at work over 12 months ago breaking my arm and shoulder I have had 2 operations and physio and have 6 more sennsions before my insurance company want to sign off on the claim.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I still have loss of some movement in my left arm and shoulder which restricts me in dressing and doing my hair also I am limited in swimming.

Lawyer's Assistant: Has anything been filed or reported?

If over the next 6 weeks I see no imporvement am I entitled to anything ongoing in compensation for my restricted movement.Many thanks

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Liz Parsons

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Answered in 5 minutes by:
3/12/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,301
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Yes you will be entitled to compensation if it is a work place injury

Liz did the work place file a work cover claim yet ?

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have you had any follow up from work cover yet ?

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Customer reply replied 4 months ago
I would prefer at this stage to Chat on line please

sure we can chat on line

did the doctors provide an assessment on your injuries yet ?

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Customer reply replied 4 months ago
I can type but cannot talk at the office!!
Customer reply replied 4 months ago
I will be home after 5.30pm

understand

you do have a claim and the level of damages will be subject to your injuries.

Please accept the offer and you can call me after you work, and I will take your call if that helps you more

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you may also be able to claim economic loss as well

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Customer reply replied 4 months ago
The surgeon has signed off on the case and agrees that I have restricted movement. my GP is basically the form filler and follows my needs up to this time

ok this is very good

this means the doctors are making sure your injuries properly recorded.

did you have to take any time off work ?

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Customer reply replied 4 months ago
Regarding economic loss, I am not out of pocket yet, as I have been working with reduced hours and lifting and the time offfor operations was taken as sick days Time off has been minimual say 15 days over the past 15 months

ok thats good

from a long term point of view do you think you will suffer a loss with future promotions in the work force ?

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Customer reply replied 4 months ago
This is not important I am 74 and am thinking of finishing work around July- perhaps!!

ok
then in this situation you need to maximize the compensation level from work cover in this case

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Customer reply replied 4 months ago
what does this mean?

that mean you need to get the maximum payout from workcover

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the bot***** *****ne in your matter is that you will be entitled to compensation for the restricted movement.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,301
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
How does this occur and am I eligable and is the payout verses the legal costs worth it? Could you suggest some figures in order to gain some insight. Say $2,000 or $10,000, as I feel that physio and the possibility of additional medical costs may well be on the table

the loss of movement and the level could result in a significant payout subject to the percentage of loss.

there are a number of factors taken into account which includes age, continuing aggravation of the injury ect.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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