Suppose you cannot return to your job or any kind of employment after a workplace injury to your back or any other area, and you have reached the end of your workers’ compensation period. In that case, you may be entitled to a lump sum payout for Whole Person Impairment (WPI).
But a Workplace Damages claim and lump-sum payout amount as compensation for your workplace injuries will depend on how severely impacted you were by your injury or illness at work, and whether or not employer negligence was involved.
Are You Deemed Fit For Work?
If you’re on workers compensation benefits, whether you are keen to go back to work or feel you aren’t ready, the sooner you can return, the better. For some, the thought of returning to work after a workplace back injury or injuries to other areas can be daunting. It’s an anxious time whether you feel ready or not to return to work or not.
It may be the case that you are keen to return to your job and the lifestyle you enjoyed before your workplace injury, but your doctor refuses to certify you as fit to recommence work. However, if you feel that you are being forced to return to work by the workers’ comp insurer or your doctor, and you don’t feel ready, it can be just as stressful.
The Workers Compensation Scheme
The reason for the workers compensation scheme’s existence is to help injured workers to recover, and where appropriate, to return to work. It’s not always possible for a return to work in cases where a person’s injuries are too severe. However, where they can go back to work, the insurer and employer must provide injured workers with proper rehabilitation services and help them return to work after workplace injuries.
Workers themselves are obliged to make reasonable efforts to cooperate with appropriate return-to-work programs and go back to work. Suppose you are medically fit to carry out some kind of work. In that case, even if it isn’t what you did before your workplace injury, your employer is legally obliged by workers’ comp law to provide other duties for you that will not have an impact on your back injury.
Follow Your Doctor’s Advice
To help you feel part of your workers’ compensation return-to-work program and help you feel less forced or hesitant, you must keep the lines of communication open with your doctor and employer. If your doctor certifies you as not fit to return to work, even though you feel ready, discuss it with them, so you understand their decision. The same applies if the doctor decides you are fit to work, but you don’t feel able to return to your duties. Talk to our employer as well about the situation.
In the event that you cannot return to work due to a workplace injury to your back, for example (or any workplace injury or illness), call PK Simpson personal injury lawyers for legal advice. If your back injury was due to your employer’s negligence, you could discuss the possibility of a lawsuit. Work Injury Damages claims for compensation are available for workers who can sue for employer negligence.
Should You Sue for Workplace Damages?
Should you settle for a lump sum amount in a Work Injury Damages suit for your back or other injuries, you need to know that it will extinguish all future entitlements to workers’ compensation benefits. Workers compensation benefits that are extinguished include weekly payments and medical, hospital and rehabilitation expenses.
Who to Call for Help With a Damages Claim
Call PK Simpson personal injury legal professionals if you have suffered a workplace injury to your back or elsewhere, whether you suffered it due to employer negligence or not. You can discuss your options with our personal injury lawyers and help you decide on an appropriate avenue to help you gain maximum benefits. 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.
What’s Needed to Make a Damages Claim
The following benchmarks must be established before you to make a Work Injury Damages Claim for your work-related back injury:
- Your Whole Person Impairment (WPI) must be above the set threshold.
- An independent medical examiner must assess your WPI.
- The examiner is appointed by an agreement with the insurer or the Personal Injury Commission.
- The negligence that you claim caused your injury must be proven.
Work Damages Claims are payable in a lump sum amount.
Making a Work Injury Damages Claim
Under workers compensation legislation, you have a right to work in a safe environment, and your employer has a reasonable duty of care to keep you safe while you are at work. Your employer will have breached their duty of care if you are injured due to their negligence. If you succeed at establishing negligence and a breach of your employer’s duty of care, you can claim a lump-sum compensation amount as part of your back injury damages claim. If you wish to make a Work Injury Damages claim, it must be within three years of your back injury, but exceptions may apply.
Severe back injuries are well known to affect a person’s ability to work and live their lives pain-free and without discomfort or restrictions on their movement. So, the advice from PK Simpson lawyers is to act in your own best interests if you have suffered back injuries at work. You are entitled to compensation for workplace injuries, and the Workers’ Compensation Act is in place to help injured workers such as you.
How Stressful is Claiming Damages?
Without legal representation, it can be highly stressful and distressing to go through the legal loopholes involved in claiming damages for a workplace back injury (or any workplace injury). At PK Simpson, we’ve been shouldering the burden of damages claims for our clients for the past 38 years; that’s why you need our experienced, compassionate lawyers to take on the stress for you.
At PK Simpson, we have broad shoulders! We take on even the most challenging personal injury claims and win 99 per cent of cases! Our ‘no win no fee’ policy helps to ensure nobody is left out due to financial stresses.
What Damages Are Claimable for My Back Injury?
The amount you may receive in a Work Injury Damages claim at common law is typically for past and future loss of income. In the past, the workers’ comp scheme allowed for medical expenses, care and assistance and pain and suffering. However, the amount of compensation payable may still be substantial. Most lump-sum claim amounts are from $200,000 to $500,000.
Why You Need a Lawyer to Help You Claim
When injured workers seek legal advice about a back injury sustained at work, workers’ compensation insurers sit up and take a lot of notice. They would prefer that you follow their advice about your entitlements and rights under the Workers’ Compensation Act.
The trouble with that is insurance claims officers are not only often wrong; they’re working for your employer and not for you. So they rarely tell injured workers what they are entitled to under the Act and especially not about their right to a lump sum workers’ Comp settlement damages.
Who to Contact If You’ve Injured Your Back at Work
If you have suffered a workplace injury to your back or anywhere in your body or an illness due to your work environment and would like legal advice, contact PK Simpson Injury and Compensation Lawyers today. We can discuss your case and the compensation you may claim. We’ve won countless personal injury claims for our clients with all kinds of work injuries, including the notorious back injury, and we worked hard to win each and every one.