No Win No Fee explained: Benjamin’s story*
Benjamin was involved in a serious car accident while driving back to Melbourne from Adelaide, where his employer had sent him to undertake some work for a client.
Benjamin had lost control of the vehicle and nobody else was involved or at fault in the accident. Nevertheless, Benjamin was driving in the course of his employment.
Benjamin suffered serious injuries including fractures to his arm, hip, leg and spine. He had multiple surgeries and went through rehabilitation in the months following the incident.
Benjamin lodged a WorkCover claim to receive weekly payments while he was off work. However, two years on from the accident, and still unable to return to work, Benjamin received a letter from his employer’s insurer stating that it was terminating his weekly payments.
Benjamin contacted Gordon Legal to see what could be done to challenge the insurer’s decision.
A Gordon Legal lawyer met with Benjamin, explaining to him that because his injury was still serious two years on, he would likely be eligible for a lump-sum impairment benefit.
Under Australian law, to qualify for an Impairment Benefits Claim for a physical injury, you must be assessed as having suffered a whole person impairment of 10% or more. The impairment assessment process is conducted by a medical specialist. It is very important to ensure that the assessment is conducted fairly.
Gordon Legal offered to act for Benjamin on a No Win, No Fee basis. This meant that only in the event that he was successful in claiming his Impairment Benefit would he have to pay an agreed amount to Gordon Legal. For more information about No Win, No Fee, please click on this link https://gordonlegal.com.au/services/no-win-no-fee/.
Gordon Legal arranged for Benjamin to be assessed by an independent impairment assessor. Benjamin’s multiple injuries were assessed at 38%, which qualified him for an Impairment Benefit of $117,640.00. After all his legal fees were deducted, Benjamin received over $113,000.
Benjamin was elated with this result, as some uncertainty was alleviated in how he could move forward with his life after the accident.
*In order to preserve the privacy of our clients we have changed the names of persons involved.
For more information or to speak with a Gordon Legal lawyer, contact us today on 1800 21 22 23