Work Injury Damages

In a successful work injury damages claim, you are entitled to a claim for economic loss damages for your loss of past and future income and loss of superannuation as well as the tax paid by the workers compensation insurer on past weekly benefits. In addition, the workers compensation insurer pays a portion of your legal costs as regulated by the legislation.

Contact Law Works Compensation Lawyers today for tailored legal advice. We will consider your injuries and circumstances of your accident and provide you with legal advice as to whether we think you have an entitlement to a work injury damages claim.

In a workers compensation claim you are entitled to make a one-off lump sum claim for the level of whole person impairment you have suffered as a result of your injuries. This claim can be made once your injuries have stabilised. Contact Law Works today for tailored legal advice on your lump sum claim and entitlements to a work injury damages claim.

Rest assured that this is not uncommon. A work injury damages claim cannot be made until your injuries have stabilised. The relevant legislation allows for us, on your behalf, to seek leave of the Court to request an extension of time. For this reason it is crucial you instruct a lawyer as soon as possible after you have sustained your workplace injury to ensure appropriate notices are given prior to the expiration of the 3 year time limit.

The length of your claim will depend on stabilisation of your injuries and finalisation of your workers compensation lump sum claim. It will also depend on the complexity of your injuries and accident and the nature of the evidence to be obtained.

It is common for work injury damages claims to be commenced within 6 months from the time of finalising your workers compensation lump sum claim and a compulsory Personal Injury Commission Mediation conducted within 4 months of lodgment of the claim. Within this period Law Works will ensure all relevant evidence is obtained. If the claim does not resolve at mediation then Court proceedings will be commenced and the claim would finalise within 6 to 9 months of filing in Court.

Law Works have a no win-no fee guarantee which means that you do not have to pay our legal fees unless you win your work injury damages claim. We will not ask you to pay any upfront costs in relation to your claim. At the finalisation of your claim and if your claim is successful, the defendant will make a contribution towards your legal costs and the balance is payable from any settlement or judgment amount.

Law Works provide a fixed fee agreement in work injury damages claims. You will know exactly what our fees are at every step of your claim. Contact us today to find out more.

Yes. The process and pre-requisite requirements of making a work injury damages claim are complex, the gathering of medical and liability evidence is costly and calculation of damages in accordance with the legislative requirements is intricate.

Workers compensation insurers will not advise you of your full entitlements and are likely to make significantly lower offers of settlement as opposed to when your claim is settled with the assistance of a lawyer, such as one of our Principals at Law Works.

For example, a workers compensation insurer may make a modest allowance for future economic loss on the basis that you may return to work without obtaining the relevant evidence. An insurer will also request that a Deed be signed to prohibit you from making any future claim.

We are compensation law and personal injury law specialists. We have an Accredited Specialist in Personal Injury Law. We have long experience in dealing with defendants, workers compensation insurers and their lawyers and obtaining a fair and reasonable settlement for your injuries sustained.

Law Works will be able to obtain the necessary expert and medical evidence required to fully claim the maximum amount of damages for your economic losses in your work injury damages claim.