Zaparas Lawyers has assisted one of their terminally ill WorkCover occupational disease clients achieve the statutory maximum non-economic payment in the form of an impairment benefit of over $630,000. This is just one of a number of successful statutory maximum outcomes achieved in recent years for the firm’s terminally ill clients.
The former machine operator was employed by Venture DMG Pty Ltd, a manufacturer of automotive parts, located in Keysborough. During the majority of the worker’s sixteen years of employment with Venture DMG Pty Ltd, he was exposed to toxic chemicals, including Chromium, whilst operating, cleaning and working in the vicinity of machines as well as the chrome plating and paint shops.
Following the worker’s diagnosis of advanced progressive small cell lung cancer in June last year, his condition has rapidly deteriorated with his cancer having so far metastasised to his liver, bones and brain. He is currently in palliative care and at an imminent risk of passing away due to his condition.
Unfortunately, the worker’s WorkCover claim was originally rejected by the employer’s WorkCover insurer. Zaparas Lawyers were not only able to assist the worker in successfully disputing the claim rejection via the Accident Compensation Conciliation Service leading to the acceptance of his claim, but also assisted in expediting his impairment benefit claim; resulting in a determination being made within days of the impairment benefit claim being lodged and his WorkCover claim being accepted.
The worker’s lawyer, Kehela Vandenberg, noted it is not uncommon for occupational disease claims to be initially rejected due to the WorkCover insurers often applying the incorrect legal test when considering these claims. WorkCover legislation provides that a worker may be entitled to WorkCover statutory benefits compensation where the nature of the worker’s current or former employment gave rise to a significantly greater risk to the worker contracting or developing the disease they are suffering from than had the worker not been employed in employment of that nature. There is no requirement to prove that their condition is actually caused by any specific employer or employment.
Miss Vandenberg is thrilled the Firm was able to assist their client in having their claim accepted and then achieve the statutory maximum payment available in such a short amount of time. It will help provide relief, and some financial security and support for their client and his family.
If you or someone you know is at risk of developing and/or has been diagnosed with an occupational disease, contact Zaparas Lawyers now on (03) 8527 0200 for a free no obligation chat about your potential legal entitlements.
Zaparas Lawyers was established by the Zaparas family in 1981 and they are experts in personal injury law. Zaparas Lawyers specialise in WorkCover, TAC, Occupational Disease, Public Liability and Superannuation related claims. Zaparas Lawyers are committed to achieving the best outcomes for our clients.