NSW Police officer injured at work - Do I have a claim?

Discussion in 'Personal Injury Law Forum' started by fullnatty, 12 March 2018.

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  1. fullnatty

    fullnatty Active Member

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    Here is the nuts and bolts of my situation:

    - Suffered complete tear of my ACL while on duty in 2012.
    - Had knee reconstruction surgery soon after followed by physio for 6 months, all paid for under worker's comp
    - Returned to full duties 9 months after surgery.
    - For past 6 months pain has increasingly returned to my previously injured knee, to the point where I am limping for up to a week at a time.
    - Had not done anything to re-aggravate the injury. Pain is identical in feeling and location as it was during the initial tear and healing period post operation.
    - Have not worked in full duties for the police force for 18 months (unrelated to injury) but am still employed as a full time member of the force.
    - Can not return to unrestricted duties due to my ongoing pain. Can not undertake any other career involving physical duty for the same reason.

    Can I seek compensation?
     
  2. Tim W

    Tim W Lawyer
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  3. fullnatty

    fullnatty Active Member

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    I have and they only gave me advice on having further treatment done.
     
  4. Shaun Marcus

    Shaun Marcus Lawyer
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    You could have a claim, your outcome will be different depending upon which state you work in and how your injury occurred (was it an accident or the fault of a third party/employer). Remember strict timelines apply for compensation, 6 years in Victoria, and if so your time limit could be very close.
     
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  5. fullnatty

    fullnatty Active Member

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    Thanks for your reply.

    I'm in NSW, it happened accidentally during a rostered police sporting event in September 2012.
     
  6. larrylarry

    larrylarry Well-Known Member

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    Yes you can and you are not affected by the 2012 amendments as you are a police officer.
    You can seek a ss66/67 permanent impairment claim. If you are over 15% WPI there may be common law claim.
     
  7. fullnatty

    fullnatty Active Member

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    What entails being over 15% WPI for a knee injury post surgery?
     
  8. larrylarry

    larrylarry Well-Known Member

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    a complete tear of ACL and continued restriction will likely get you over 15% WPI under AMA5.
     
  9. larrylarry

    larrylarry Well-Known Member

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    You will need a IME or independent medical examination and I will recommend Dr James Bodel.
    Get a lawyer to assist you and fees paid by insurer except if you end up going to common law and it would be solicitor-client fees.
     
  10. fullnatty

    fullnatty Active Member

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    Thanks for your info.

    I have had a complete tear of the ACL. Could you please clarify what you mean by "continued restriction"?

    I have spoken to 2 lawyers today. They both seemed to differ greatly in regards to how much they believe I could be compensated and to be honest I'm unsure which one to go with.
     
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