Work Injury Damages Claim

Work Injury Damages

What is a Work Injury Damages Claim?

If your injury occurred at or during work, then you have a workers compensation claim. If this work injury has been caused by your employer’s negligence, you may also have a work injury damages claim.

A Work Injury Damages Claim is a claim for past and future economic losses arising from your injury in circumstances where your injury is sufficiently serious to warrant an impairment finding of 15% or more and your employer’s negligence contributed to your accident

Criteria to Claim

To make a work injury damage, certain criteria must be met:

Your workers compensation claim has been accepted and you have made a lump sum (whole person impairment) claim for your injuries.
Your injuries equate to a whole person impairment of 15% or more.
Your injury was caused by the negligence of your employer.

A work injury damages claim can be made for physical or psychological injuries.

Criteria to Claim

To make a work injury damage, certain criteria must be met:

Your workers compensation claim has been accepted and you have made a lump sum (whole person impairment) claim for your injuries.
Your injuries equate to a whole person impairment of 15% or more.
Your injury was caused by the negligence of your employer.

A work injury damages claim can be made for physical or psychological injuries.

What can you claim?

When pursuing a work injury damages claim you are entitled to make a claim for damages including:

Past Economic Loss:
Compensation for the lost wages or income for the time off work you have had as a result of your injuries from the date of accident to the time of a settlement or court judgment. This will also include the difference between your average pre-injury earnings paid by the workers compensation insurer and the reduced rates for the periods off work you have had since the accident.
Future Economic Loss
Compensation for the future loss of earning capacity due to the long-term effects on your ability to work and earn an income until retirement age.
Past and Future Loss of Superannuation Benefits
While you are receiving weekly benefits from the workers compensation insurer there are no superannuation payments being made to your superannuation fund. A claim is made for any superannuation entitlements you would have received if you had not been injured and lost income, and a claim is made for any loss of future superannuation entitlements.
Legal Costs
As part of your claim, you are entitled to claim a portion of your legal costs and expenses from the employer or the workers compensation insurer.

Cost

At Law Works, we will provide you with a fixed fee agreement which will provide the exact details of our legal fees before you even start your claim.

There will be no hidden fees at the end of your claim.

Time Limits

It’s important to be aware that specific time limits apply when making a work injury damages claim.

The work injury damages claim must be made within 3 years from the date of the accident. The claim must include evidence relevant to the claim and particulars of the losses being claimed. It is crucial that you instruct a lawyer to assist you with this process.

Time Limits

It’s important to be aware that specific time limits apply when making a work injury damages claim.

How Law Works Can Help

Our experienced team is dedicated to advocating for your rights. Here’s how we can assist you:

Frequently Asked Questions

If you have been injured at work, don’t delay seeking the legal advice and representation you need. Contact Law Works today to schedule a consultation. Let us advocate for your rights and guide you through the Work Injury Damages claims process with care and expertise.

What can I claim in a Work Injury Damages Claim?

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.

I have not been advised about a Work Injury Damages claim by my Solicitor. What do I do?

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.

I have not had my injuries assessed for a lump sum claim. What do I do?

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.

What if I have not made a Work Injury Damages claim within 3 years?

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.

How long will my Work Injury Damages claim take?

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.

Do I have to pay legal costs?

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.

Do I need a lawyer to make a work injury damages claim?

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.