To be eligible to make a Work injury Damages claim you must be able to demonstrate the following: ‑
- You must be able to demonstrate negligence on behalf of your employer or a fellow employee. Negligence is a breach of your employer’s duty to take reasonable care whilst you are in the course of your employment.
- You must also have a permanent impairment equal to or greater than 15% whole person impairment assessed by an independent doctor appointed by the Workers Compensation Commission or as agreed with the insurer.
If both of these matters can be established then you have an entitlement to seek payment of compensation in the form of damages. This is known as a Work Injury Damages claim.