Adviceline has successfully assisted a teacher working at a special school settle his claim for pain and suffering, and loss of earnings.
In 2015, our client attempted to restrain an aggressive student to prevent him from hurting himself and others. While doing so, he suffered a kick to his right shoulder, leaving him with permanent and significant injuries.
He approached us for help with lodging a Serious Injury Application. As he was 64 years old at the time of the incident, the Victorian WorkSafe Authority (VWA) initially refused to grant his claim, arguing he did not suffer from any loss of income as he was close to or at retirement age.
However, prior to the case being heard at the County Court, the VWA accepted that our client should be able to claim both damages for pain and suffering and loss of earnings. At a subsequent settlement conference, we secured compensation for these, from the date of the incident until the settlement.