Employer gets $6.6 million back in record injury payout
An $18.7 million personal injury settlement for a young NSW process worker has resulted in the employer recovering $6.6 million paid as compensation.
Omar Baghdadi, 27, was left a brain-damaged quadriplegic requiring 24-hour care in 2002 after he fell from a height at his workplace, where building work was being carried out. He was recently awarded $18.75 million following settlement of his damages claim.
The defendants were the owner of the premises where Mr Baghdadi was employed, a building contractor and a subcontractor. They argued his employer should be principally liable for failing to ensure a safe workplace, as the employer’s duty of care could not be delegated to them.
But the NSW Supreme Court has set the employer’s responsibility at only 10%. Under NSW legislation, Mr Baghdadi could only sue his employer for wage loss up to a maximum of $884,000, so the employer’s liability was only $88,400.
The employer had paid Mr Baghdadi $6.6 million as workers’ compensation and brought a separate claim against the three defendants to recover the money.
Sam Kennedy, a partner at law firm TurksLegal, who acted for the employer, says the judgement is the highest personal injury verdict in Australia.
Omar Baghdadi, 27, was left a brain-damaged quadriplegic requiring 24-hour care in 2002 after he fell from a height at his workplace, where building work was being carried out. He was recently awarded $18.75 million following settlement of his damages claim.
The defendants were the owner of the premises where Mr Baghdadi was employed, a building contractor and a subcontractor. They argued his employer should be principally liable for failing to ensure a safe workplace, as the employer’s duty of care could not be delegated to them.
But the NSW Supreme Court has set the employer’s responsibility at only 10%. Under NSW legislation, Mr Baghdadi could only sue his employer for wage loss up to a maximum of $884,000, so the employer’s liability was only $88,400.
The employer had paid Mr Baghdadi $6.6 million as workers’ compensation and brought a separate claim against the three defendants to recover the money.
Sam Kennedy, a partner at law firm TurksLegal, who acted for the employer, says the judgement is the highest personal injury verdict in Australia.