Success Stories- Volume #6

A Successful Work Injury Damages Claim

In the course of his employment, our client sustained psychological injuries due to bullying and harassment within the workplace. A workers compensation claim was lodged, and our client was paid weekly benefits of compensation and medical expenses as incurred. He was, however, not aware of his entitlement to claim lump sum compensation commensurate with the degree of impairment that resulted from the injury. We investigated our client's claim for lump sum compensation and ultimately reached an agreement with the insurer for compensation for a finding of 15% whole person impairment. Importantly, a finding of 15% whole person impairment establishes the gateway for the purpose of prosecuting a work injury damages claim against the employer in the event that the injury was occasioned as a result of the employer's negligence. In this case, the employer will be held vicariously liable for the bullying and harassment perpetrated by other employees such that our client will also be able to successfully prosecute a work injury damages claim and recover damages far beyond what is ordinarily available in a workers compensation claim.

- Lee Hagipantelis Principal of Brydens Lawyers