Yes, as an employee you can either make a Workers Compensation claim or sue your employer for compensation for a neck injury suffered in the course of your employment.
However, you can sue for damages only if your neck injury resulted from a workplace accident caused by your employer’s negligence. The form of compensation available for workers who can sue for employer negligence is known as a Work Injury Damages claim.
If you have suffered a neck injury at work and you haven’t already done so, please seek legal advice and medical treatment as soon as possible. Neck injuries can often have few or no early symptoms.
For instance, whiplash symptoms can show up much later after your accident – sometimes days or even months or more, so always report neck injuries suffered in the workplace, even if you think they are only minor.
The Difference Between Workers Comp & Damages
A Work Injury Damages claim is different to a Workers’ Compensation claim in NSW in that the latter (Workers’ Comp) is usually a ‘No Fault’ affair.
With Workers’ Comp you don’t need to claim negligence and you’re entitled to medical and hospital expenses, weekly payments and lump sum compensation as well if your workplace neck injury results in significant impairment. A Work Injury Damages claim must prove negligence on the part of the employer.
Both the Workers’ Compensation Scheme and the Work Injury Damages scheme are part of the Workers Compensation Act, which allows someone with work-related injuries such as a severe neck injury to make compensation claims.
If your neck injury is due to employer negligence, you can sue the employer’s Insurer. You as a worker might receive Common Law Damages if successful, although a lesser amount if your negligence contributed to your neck injury.
Claiming Compensation or Damages is a Matter of ‘Either Or’
Be aware that a Work Injury Damages settlement will extinguish all future entitlements to Workers’ Compensation benefits. These benefits include weekly payments and medical, hospital and rehabilitation expenses related to your work-related neck injury.
Call PK Simpson personal injury legal professionals if you have suffered a neck injury at work, whether you suffered it due to negligence or not. We can discuss your situation and help you discover which avenue to take to help you gain the most benefit.
You will need the best legal advice and support to get you over the line as far as permanent impairment is concerned, so you receive the compensation you deserve.
We have a network of medical experts we can call on for personal injury claims involving workplace injuries. These doctors can assess your neck injury and impairment correctly, so you get the damages or compensation you deserve for your neck injury.
How to Make a Work Injury Damages Claim
Your employer has a reasonable duty of care to keep you safe while you are working for them. Negligence is a breach of your employer’s obligation. If you can establish both negligence and a violation of your employer’s duty of care, you can seek lump-sum compensation as part of your damages claim. If you wish to make a Work Injury Damages claim, it must be within three years of your neck injury but exceptions do apply.
Severe neck injuries can affect your ability to work and live your life free from pain, restriction, and discomfort. So, don’t be a hero and ‘soldier on’ if you have a neck injury due to a workplace accident. You are entitled to compensation. The Workers’ Compensation Act is in place to protect injured workers just like you.
Is it Stressful to Make a Claim for Damages?
Yes, it can be stressful when you are already stressed, but that’s why you need our expert, experienced lawyers at PK Simpson to take on the burden for you. We have broad shoulders and take on even the most challenging personal injury claims!
What You Need to Make a Damages Claim
The following criteria must be established for you to make a Work Injury Damages Claim for your work-related neck injury:
- Your Whole Person Impairment (WPI) must be above the threshold.
- An independent medical examiner must assess your WPI.
- The medical examiner is appointed by the Personal Injury Commission or as agreed with the Insurer.
- You must prove the negligence by your employer or a co-worker that caused your neck injury.
Damages are payable in a lump sum amount.
What Damages Can I Claim for My Neck Injury?
Damages from a Work Injury claim at common law are usually payable for past and future situations such as medical expenses, pain and suffering, loss of income and care and assistance. However, Workers’ Compensation Legislation has been changed, and these damages have been reduced.
Now, injured workers can only claim damages against their employer for loss of past and future income. Mind you, the amount of compensation payable may still be substantial. Most claims are worth from $200,000 to $500,000 in compensation.
Am I Still Eligible for Workers’ Compensation Benefits?
If you choose to claim Work Injury Damages and succeed in being granted a lump-sum settlement amount, you will no longer be eligible for Workers’ Compensation benefits.
The benefits you lose include your weekly payments and medical and rehabilitation expenses. A Work Injury Damages claim is a total and final settlement of all your entitlements and rights under Workers’ Compensation Legislation.
Why You Need a Lawyer to Help You Claim
Workers’ Compensation Insurers dread the thought of injured workers seeking legal advice. They would rather you followed their advice and believed everything they said concerning your entitlements and rights under the Workers’ Compensation Act. The trouble with that is Insurance Claims officers are often wrong, and they rarely tell injured workers about their correct entitlement to a lump sum Workers’ Compensation settlement or Work Injury Damages.
If you have sustained a neck injury at work and would like to speak to a lawyer, contact PK Simpson Injury and Compensation Lawyers today to discuss the compensation you are entitled to claim. We’ve won countless personal injury claims for our clients with neck injuries, and we worked hard to win each one.