Category: Work Injury Damages
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When Can You Sue Your Employer After a Building Site injury in NSW?Â
By Kerry Byrnes
In New South Wales (NSW), workers’ compensation can help you if you have been injured at work. In accidents that include employer negligence, you may be able to sue your employer for work injury damages.  Our guide below explains when you can sue your employer after a building site injury in NSW. What is the difference […]
Whole Person Impairment Assessments After a Construction Site Injury in NSWÂ
By Kerry Byrnes
What Is A Whole Person Impairment Assessments In Construction Site Injuries in NSW? AÂ Whole Person Impairment (WPI) Assessments in construction site injuries in NSW measure the extent of a construction worker’s permanent physical or psychological damage caused by a work-related injury or illness. It is expressed as a percentage, representing how much the injury affects […]
How to Maximise Your Workers’ Compensation Claim After a Building-Site Accident in NSW
By Kerry Byrnes
This guide explains each stage of the workers compensation claim process after a building site accident in NSW.  You’ll also learn how to avoid common mistakes that can reduce or jeopardise your construction injury claim in NSW. Step 1 – Seek Immediate Medical Attention The first and most important step after a construction site injury […]
WID – What is it?
By Kerry Byrnes
An injured worker makes a WID claim under the common law in circumstances where there is negligence on behalf of the employer, resulting in injury. To make a claim, you must first pursue your workers compensation rights and then meet the following criteria: Have an injury that results in a 15% or higher Whole Person […]
Limitation periods: Do you know how much time you have to make your claim?
Disclaimer This article is not legal advice and is for general information only. Â Limitation periods are complex and the law to subject to frequent changes which may not be updated on this page. Â You should always contact a lawyer for specific relating to your situation and any potential limitation periods. What do you mean by […]
Work Injury Damages (part 1)
What are ‘Damages’? A Work Injury Damages claim must be made within 3 years from the date of accident however a Court may grant leave to proceed after 3 years if there is a satisfactory explanation for the delay. Two limbed test for work injury damages To claim work injury damages an injured worker must […]
Work Injury Damages (part 2)
The process of a work injury damages claim The insurer is then required to decide if they will accept or decline your claim. The insurer will almost always deny a claim for Work Injury Damages on the basis that the employer was not negligent. What happens if the insurer continues to dispute my claim? If […]
Work Injury Damages (part 5)
Superannuation The approach to payment of superannuation in Work Injury Damages claims was looked at in the case of Najdovski v Crnojlovic 2008 where it was found that superannuation is payable on the gross loss of income not net loss. The Court adopted an approach of using 11% of the net loss of superannuation to […]