Can I sue my employer for my injuries?
Yes. You can sue an employer for injuries sustained under the Workers Compensation Act (NSW) 1987 if you can establish the following:
- That you have an assessment of whole person impairment of 15% or greater and;
- That your injury was sustained as a result of your employer’s failure to take reasonable care whilst in the course of your employment.
If you can establish both of these then you have an entitlement to seek payment of compensation as modified by the Workers Compensation Act.
The Workers Compensation Act allows only for payment of compensation in respect of past and future loss of income.
You are not entitled to claim damages for pain and suffering, future medical treatment or future care and assistance in a claim against an employer.
These restrictions only apply to a claim for negligence against an employer and do not apply in a claim against a non employer.
The most common example of this is on a building site. A worker may be injured as a result of scaffolding collapsing which was not the fault of the employer (for example a plastering company) but was the fault of the person who erected the scaffolding. You are able to sue the person or company responsible for erecting the scaffolding.