What is a work injury damages claim?
A work injury damages claim is a common law claim for damages. Damages is the term used to describe a sum of money that a court may award to a worker to compensate for loss, harm or injury suffered. A work injury damages claim is different to a claim for workers compensation.
Work injury damages are modified common law damages in which a worker can be compensated with a one off lump sum payment for past and future loss of wages.
Am I entitled to make a claim for work injury damages?
In order to make a claim for work injury damages a worker must establish:
- their injury was the result of the negligence of their employer, and
- that they have at least a 15% whole person impairment (WPI),and
- court proceedings can only be started at least six months after the injury is reported to the employer and no more than three years after the date on which the injury was received, except with the leave of the Court, and
- a worker must have received all statutory lump sum entitlements for permanent impairment to which they are entitled before a work injury damages claim can be settled.
Will settlement of a work injury damages claim affect my entitlement to workers compensation?
Yes. Workers compensation claims are claims pursuant to the relevant legislation for payment of medical expenses, weekly benefits, lump sum compensation for permanent impairment and so on. Successful resolution of a claim for work injury damages brings to an end a worker’s entitlement to all workers’ compensation benefits for the injuries subject of the claim.
It is common for work injury damages matters to settle ‘inclusive of costs’. This means that legal costs are deducted from the settlement figure. Great news for injured workers!
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